SEIBERLING RUBBER CO. v. COMMISSIONER OF INT. REV.

No. 6410.

70 F.2d 651 (1934)

SEIBERLING RUBBER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

May 8, 1934.


Attorney(s) appearing for the Case

Robert Guinther, of Akron, Ohio, and Frederick L. Pearce, of Washington, D. C. (George M. Morris, of Washington, D. C., Slabaugh, Seiberling, Huber & Guinther, of Akron, Ohio, and KixMiller, Baar & Morris, of Washington, D. C., on the brief), for petitioner.

J. M. Hudson, of Washington, D. C. (Sewall Key, Hayner N. Larson, C. M. Charest, and J. M. Leinenkugel, all of Washington, D. C., on the brief), for respondent.

Before MOORMAN and HICKS, Circuit Judges, and TAYLOR, District Judge.


MOORMAN, Circuit Judge.

During the years 1922 and 1923 the petitioner, a Delaware corporation, was affiliated with the Portage Rubber Company and the Lehigh Rubber Company within the meaning of section 240 (c) of the Revenue Acts of 1921 and 1924 (42 Stat. 260; 43 Stat. 288 [26 USCA § 993 note]). The affiliates filed a consolidated income tax return for those years. In 1922 each of them sustained a loss. In 1923 the petitioner made a profit, but each of the other...

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