Ciba Pharmaceutical Products, Inc. v. Commissioner of Internal Revenue

Third Circuit

Ciba Pharmaceutical Products, Inc. v. Commissioner of Internal Revenue

297 F.2d 77

CourtCourt of Appeals for the Third Circuit

DecidedDecember 11, 1961

Docket13636_1

StatusPublished

Cited by3 cases

This text of 297 F.2d 77 (Ciba Pharmaceutical Products, Inc. v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ciba Pharmaceutical Products, Inc. v. Commissioner of Internal Revenue, 297 F.2d 77 (3d Cir. 1961).

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Opinion

PER CURIAM.

The Tax Court has again held that it has no jurisdiction to hear and determine an issue involving excess profits taxes for the years 1944 and 1945 under the provisions of Sections 722 and 732 of the Internal Revenue Code of 1939, 26 U.S. C.A. Excess Profits Taxes, §§ 722, 732. This question was thoroughly discussed by this Court in Commissioner v. S. Frieder & Sons Co., 3 Cir., 228 F.2d 478 (1955). There we held in accordance with at least five courts of appeals that the court did have such jurisdiction. That decision was right and we follow it.

The decision of the Tax Court will be reversed and the case remanded for further proceedings not inconsistent with this opinion.

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PER CURIAM.

The Tax Court has again held that it has no jurisdiction to hear and determine an issue involving excess profits taxes for the years 1944 and 1945 under the provisions of Sections 722 and 732 of the Internal Revenue Code of 1939, 26 U.S. C.A. Excess Profits Taxes, §§ 722, 732. This question was thoroughly discussed by this Court in Commissioner v. S. Frieder & Sons Co., 3 Cir., 228 F.2d 478 (1955). There we held in accordance with at least five courts of appeals that the court did have such jurisdiction. That decision was right and we follow it.

The decision of the Tax Court will be reversed and the case remanded for further proceedings not inconsistent with this opinion.

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297 F.2d 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciba-pharmaceutical-products-inc-v-commissioner-of-internal-revenue-ca3-1961.

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