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ELECTRIC MATERIALS COMPANY v. COMMISSIONER

Docket No. 54922.

16 T.C.M. 698 (1957)

T.C. Memo. 1957-160

The Electric Materials Company v. Commissioner.

United States Tax Court.

Filed August 16, 1957.

Attorney(s) appearing for the Case

William F. Illig, Esq., Masonic Building, Erie, Pa., for the petitioner. C. R. Marshall, Esq., for the respondent.

Memorandum Opinion

MURDOCK, Judge:

The mandate of the Court of Appeals for the Third Circuit requires a decision of the question of whether the disallowance of a base period abnormality deduction for a 1946 abandonment loss must be rejected because of the provisions of section 433(b)(10)(C)(i). That provision is that:

"Deductions of any class shall not be disallowed under such paragraph unless the taxpayer establishes that the increase in such deductions...

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