J. Rogers Flannery & Co. v. Commissioner of Internal Revenue

BUFFINGTON, Circuit Judge.

This tax ease involves the construction and application to its facts of section 240(a) of the Revenue Act of 1918 (40 Stat. 1081), which provides “that corporations which are affiliated within the meaning of this section shall * * * make a consolidated return of net income and invested capital,” and section 240 (b), 40 Stat. 1082, which provides, “For the purposes of this section two or more domestic corporations shall be deemed to be affiliated * * * if substantially all the stock of two or more corporations is owned or controlled by the same interests.”

When this…