8/17/2019 First Chrold Corp. v. Commissioner, 306 U.S. 117 (1939)

1/2

306 U.S. 117

59 S.Ct. 427

83 L.Ed. 542

FIRST CHROLD CORPORATION, Petitioner,

v.COMMISSIONER OF INTERNAL REVENUE.

 No. 385.

Supreme Court of the United States

 Argued and Submitted Jan. 6, 1939.

 January 30, 1939

Mr. John E. McClure, of Washington, D.C., for petitioner.

Messrs. Robert H. Jackson, Sol. Gen., James W. Morris, Asst. Atty. Gen.,

and Sewall Key, Paul A. Freund, and Morton K. Rothschild, Sp. Assts. to

Atty. Gen., for respondent.

Mr. Justice ROBERTS delivered the opinion of the Court.

1 This case presents the same question as that involved in No. 328, Helvering v.

Reynolds Tobacco Co., 306 U.S. 110, 59 S.Ct. 423, 83 L.Ed. —-, decided this

day. Certiorari was granted because of a conflict in the decisions below. 305

U.S. 589, 59 S.Ct. 146, 83 L.Ed. —-. The statutory provision under which this

case arises is Section 22(a) of the Revenue Act of 1932, 26 U.S.C.A. § 22(a),which is the same as the corresponding section of the Revenue Act of 1928, 26

U.S.C.A. § 22(a). The regulations, original and amended, have the same

relation to this controversy as to that in No. 328. The Board of Tax Appeals

sustained a determination of a deficiency in the petitioner's tax for the calendar 

year 1933 and the Circuit Court of Appeals affirmed the Board's ruling.1

2 For the reasons given in No. 328 the judgment must be

3 Reversed.

8/17/2019 First Chrold Corp. v. Commissioner, 306 U.S. 117 (1939)

2/2

8 Cir., 97 F.2d 22.1