Seiberling Rubber Co. v. Commissioner

MOORMAN, Circuit Judge.

During the years 1922 and 1923 the petitioner, a Delaware corporation, was affiliated with the Portage Rubber Company and the Lehigh Rubber Company within the meaning of section 240 (e) of the Revenue Acts of 1921 and 1924 (42 Stat. 260; 43 Stat. 288 [26 USCA § 99-3 note]). The affiliates filed a consolidated income tax return for those years. In 1922 each of them sustained a loss. In 1923 the petitioner made a profit, but each of the other two affiliates sustained a loss. On February 18,1924, the Seiberling Rubber Company, an Ohio corporation, was brought into the…