Elliott-Lewis Co. v. Commissioner

Third Circuit

Elliott-Lewis Co. v. Commissioner

154 F.2d 292

CourtCourt of Appeals for the Third Circuit

DecidedMarch 18, 1946

DocketNos. 8979, 9014

StatusPublished

Cited by6 cases

This text of 154 F.2d 292 (Elliott-Lewis Co. v. Commissioner) 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.

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Elliott-Lewis Co. v. Commissioner, 154 F.2d 292 (3d Cir. 1946).

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Opinion

PER CURIAM.

The question raised by the petition and cross-petition at bar is whether or not amounts paid on debentures issued by the taxpayer constitute deductible interest on “indebtedness”. Both the taxpayer and the Commissioner contend that this court has the authority to review the decision of the Tax Court on this question asserting it to be one of law. But the scope of our review is delimited by the decisions of the Supreme Court in John Kelley Company v. Commissioner and Talbot Mills v. Commissioner, 66 S.Ct. 299, and this court lacks the authority to consider the question as one of law. Cf. Commissioner v. Scottish American Co., 323 U.S. 119, 65 S.Ct. 169, and Dobson v. Commissioner, 320 U.S. 489, 64 S.Ct. 239, 88 L.Ed. 248, with the decisions first cited.

The decision of the Tax Court is affirmed.

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PER CURIAM.

The question raised by the petition and cross-petition at bar is whether or not amounts paid on debentures issued by the taxpayer constitute deductible interest on “indebtedness”. Both the taxpayer and the Commissioner contend that this court has the authority to review the decision of the Tax Court on this question asserting it to be one of law. But the scope of our review is delimited by the decisions of the Supreme Court in John Kelley Company v. Commissioner and Talbot Mills v. Commissioner, 66 S.Ct. 299, and this court lacks the authority to consider the question as one of law. Cf. Commissioner v. Scottish American Co., 323 U.S. 119, 65 S.Ct. 169, and Dobson v. Commissioner, 320 U.S. 489, 64 S.Ct. 239, 88 L.Ed. 248, with the decisions first cited.

The decision of the Tax Court is affirmed.

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154 F.2d 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliott-lewis-co-v-commissioner-ca3-1946.

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