Guest v. Commissioner

HOLMES, Circuit Judge.

This petition for review involves a deficiency in income taxes for the calendar year 1943, only the victory-tax portion of which is in controversy. The sole question is the proper application of the 90% limitation prescribed by Section 456 of the Internal Revenue Code, 26 U.S.C.A. Int.Rev. Acts, page 266, which provides that the tax shall not exceed 90% of the net income of the taxpayer for the taxable year over the tax imposed by Chapter one of the Internal Revenue Code, computed without regard to the victory tax and without regard to the credits for foreign taxes and…