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INDUSTRIAL YARN CORPORATION v. COMMISSIONER

Docket No. 11742.

12 T.C. 589 (1949)

INDUSTRIAL YARN CORPORATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 19, 1949.

Attorney(s) appearing for the Case

Jacquin D. Bierman, Esq., for the petitioner.

T. R. Wickersham, Esq., for the respondent.

OPINION.

DISNEY, Judge:

This case involves excess profits tax liability for the calendar years 1941 and 1942. The question presented is whether this Court has jurisdiction, the respondent having filed his motion to dismiss for lack of jurisdiction, after filing of the petitioner's amended petition.

In this posture of the case we consider the allegations contained in the petition. No evidence was adduced...

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