SCOFIELD v. JOHN BREMOND CO.

No. 13835.

197 F.2d 331 (1952)

SCOFIELD, Collector of Internal Revenue, v. JOHN BREMOND CO.

United States Court of Appeals, Fifth Circuit.

June 12, 1952.


Attorney(s) appearing for the Case

Helen Goodner, Special Asst. to Atty. Gen., Ellis N. Slack, Theron Lamar Caudle, Asst. Atty. Gen., C. F. Herring, U. S. Atty., San Antonio, Texas, for appellant.

Dan Moody, Mac Umstattd, Austin, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.


HUTCHESON, Chief Judge.

Brought to recover $1962.75 and interest, demanded and exacted of it as additional excess profits tax for the calendar year 1944, the suit resulted in a judgment for the taxpayer, and the collector appealed.

The only question presented for our answer is whether in adjusting the taxpayer's excess profits credit for 1944, under the invested capital method, the Commissioner had the right to exclude from "Borrowed invested capital", under...

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