March 10, 1930
LEHIGH & HUDSON RIVER RAILWAY COMPANY, PETITIONER,
COMMISSIONER OF INTERNAL REVENUE, RESPONDENT
Appeal from Board of Tax Appeals of the United States.
Before MANTON, L. HAND, and MACK, Circuit Judges.
The Supreme Court has now decided the case of Lucas, Commissioner of Internal Revenue V. American Code Co., Inc., 50 S. Ct. 202, 74 L. Ed. --, and reversed our ruling. In accordance with our opinion [36 F.2d 719], it is therefore necessary for us to modify so much of our decision as deducted the sum of $10,614.12.
As the result, the decision of the Board of Tax Appeals is affirmed in toto.
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