Commissioner v. Atlantic City Electric Co.

MANTON, Circuit Judge.

The respondent, a taxpayer, and the Scranton Electric Company, are public service corporations. The former is organized under the laws of New Jersey and the latter under the laws of Pennsylvania. The Board considered their petitions together, and it is now stipulated that the petition of the respondent be considered and determined and that the decision of this court be accepted as controlling in the Scranton Electric Company appeal, for the questions involved are similar.

The petitioner determined deficiencies on the basis of separate returns for each taxpayer and refused…