CONSOLIDATED-HAMMER DRY PLATE & FILM CO. v. C. I. R.

Nos. 16950, 17024.

409 F.2d 1077 (1969)

CONSOLIDATED-HAMMER DRY PLATE & FILM COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. CONSOLIDATED-HAMMER DRY PLATE & FILM COMPANY, Respondent.

United States Court of Appeals Seventh Circuit.

April 14, 1969.


Attorney(s) appearing for the Case

Maurice P. Raizes, Chicago, Ill., for Consolidated-Hammer.

Mitchell Rogovin, Jonathan S. Cohen, Attys., Tax Division, Department of Justice, Lester R. Uretz, Internal Revenue Service, Washington, D. C., Lee A. Jackson, Marco S. Sonnenschein, Attys., Department of Justice, Washington, D. C., for C. I. R.

Before SWYGERT and KERNER, Circuit Judges, and GORDON, District Judge.


MYRON L. GORDON, District Judge.

This is an appeal by Consolidated-Hammer from a decision of the Tax Court. The Commissioner of Internal Revenue has filed a cross-appeal.

The three issues presented for consideration are: (1) whether losses incurred in this case prior to a merger may be deducted as a loss carryover by the taxpayer in the years following the merger; (2) whether the appellant, an accrual basis taxpayer, may deduct real estate taxes in the year...

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