CHICAGO BRIDGE AND IRON COMPANY v. WHEATLEY

No. 17838.

430 F.2d 973 (1970)

CHICAGO BRIDGE AND IRON COMPANY, Ltd., Appellant, v. Ruben B. WHEATLEY, Commissioner of Finance, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 13, 1970.


Attorney(s) appearing for the Case

Edward W. Rothe, Hopkins, Sutter, Owen, Mulroy, Wentz & Davis, Chicago, Ill. (William A. Cromartie, Chicago, Ill., on the brief) for appellant.

Peter J. O'Dea, First Asst. Atty. Gen., Charlotte Amalie, St. Thomas, V. I., for appellee.

Before HASTIE, Chief Judge, and GANEY and STAHL, Circuit Judges.


OPINION OF THE COURT

HASTIE, Chief Judge:

The basic issue presented on this appeal is whether a Delaware corporation is entitled to use the Western Hemisphere trade corporation deduction to reduce its income tax liability to the Virgin Islands.

The Internal Revenue Code of the United States was made applicable in the Virgin Islands by the Naval Service Appropriation Act of 1922, 48 U.S.C. § 1397 (1964):

"The income-tax laws in force...

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