U.S. Court of Appeals for the Third Circuit, 1946

Elliott-Lewis Co. v. Commissioner

U.S. Court of Appeals for the Third Circuit · Decided March 18, 1946

154 F.2d 292 (Federal Reporter, Second Series)

Counsel

C. Walter Randall, Jr., of Philadelphia, Pa. (Saul, Ewing, Remick & Saul, of Philadelphia, Pa., on the brief), for taxpayer., Eugene E. Beyer, of Washington, D. C., (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and Muriel S. Paul, Sp. Assts. to Atty. Gen., on the brief), for the Commissioner.

Cases that cite this one

4 later published cases cite this decision.

Kraft Foods Company v. Commissioner of Internal Revenue, (Two Cases) (2d Cir. 1956)
Sabine Royalty Corp. v. Commissioner (United States Tax Court 1951)
Sabine Royalty Corp. v. Commissioner (United States Tax Court 1951)
1432 Broadway Corp. v. Commissioner of Internal Rev. (2d Cir. 1947)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.