Legal Opinion

Charles Leich & Co. v. United States

Court of Appeals for the Seventh Circuit

Decided February 26, 1954No. 10898_1PublishedCited by 4 opinions

1Opinion of the Court

DUFFY, Circuit Judge.

This is an action for a refund of excess profits taxes and interest paid for the fiscal year ended April 30, 1942. The facts were stipulated. The district court found the issues favorable to the government.

The questions presented for determination are: (1) whether for the purpose of computing taxpayer’s invested capital under § 718, Internal Revenue Code, 26 U.S.C.A. § 718, for excess profits tax purposes for the fiscal year ended April 30, 1942, taxpayer’s invested capital should be reduced by the fair market value (as taxpayer contends) or by the cost (as the government…

2Cases cited5 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. United States v. MerriamSupreme Court of the United States · 1923
  3. United States v. UpdikeSupreme Court of the United States · 1930
  4. Durkee Famous Foods, Inc. v. HarrisonCourt of Appeals for the Seventh Circuit · 1943
  5. Reynolds Spring Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1950

3Cited by4 opinions

  1. Fedders Financial Corp. v. Director, Division of TaxationSupreme Court of New Jersey · 1984
  2. Nathan Gellman, Burt Horwitz and Peter Podany, Co-Partners, D/B/A Gellman Brothers v. United StatesCourt of Appeals for the Eighth Circuit · 1956
  3. Commissioner of Internal Revenue v. Godley's EstateCourt of Appeals for the Third Circuit · 1954
  4. Fedders Financial Corp. v. Director, Division of TaxationSupreme Court of New Jersey · 1984

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