Turkey Run Fuels, Inc. v. United States

MARIS, Circuit Judge.

■ This is an appeal by the Government from a judgment in favor of the taxpayer, Turkey Run Fuels, Inc., in a suit brought by the taxpayer in the District Court for the Eastern District of Pennsylvania to recover allegedly excessive income taxes paid pursuant to deficiency assessments for the fiscal years ended August 31, 1948 and August 31, 1949. The facts were stipulated and so far as pertinent are as follows:

The taxpayer is a Pennsylvania corporation and was organized on October 31, 1939. Its stock is all owned by the West Shenandoah Land Co., another Pennsylvania…