National Slag Co. v. Commissioner of Internal Revenue

DAVIS, Circuit Judge.

This is an appeal from a decision of the United States Board of Tax Appeals which disallowed a deduction of losses sustained by the Quakertown & Bethlehem Railroad Company in 1922 and 1923 in an affiliated return of that company and the National Slag Company for the year 1924.

There is no question but that the companies were affiliated in 1924 within the meaning of section 240 (c) of the Revenue Act of 1924, 26 USCA § 993 note, for John M. Buekland owned at least 95 per centum of the voting stock of the two corporations, and so had the right to- file an affiliated return.…