Commissioner of Internal Revenue v. Thomas Flexible Coupling Co

MARIS, Circuit Judge.

This is a petition by the Commissioner of Internal Revenue to review a decision of the Tax Court holding that in determining the taxpayer’s income, excess profits and declared value excess profits tax liability for the years 1942, 1943 and 1944 certain royalty payments made by the taxpayer to Mrs. Bertha E. Thomas during those years were ordinary and necessary business expenses deductible under Section 23(a)(1) (A) of the Internal Revenue Code, 26 U.S.C. The principal question presented to us on review is whether the taxpayer was estopped ¡by a prior adverse decision of…