Corner Broadway-Maiden Lane v. Commissioner of Int. Rev.

SWAN, Circuit Judge.

The deficiency in income tax of Corner Broadway-Maiden Lane, Inc., a corporation, which will hereafter for convenience be referred to as the petitioner, resulted from determining its tax liability for 1929 on the basis of its separate income instead of on the basis of a consolidated return. Two questions are presented; the first, whether the petitioner was privileged to file a consolidated return pursuant to the provisions of section 141 of the Revenue Act of 1928 (45 Stat. 831 [26 USCA § 2141]), and the second, whether the consolidated return which was filed on its behalf…