L.H. PHILO CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 355.Circuit Court of Appeals, Second Circuit.
June 8, 1931.

Appeal from the Board of Tax Appeals.

Petition to review a decision of the Board of Tax Appeals.

W.A. Seifert, of Pittsburgh, Pa., and M.N. Fisher, of Washington, D.C. (Davis, Polk, Wardwell, Gardiner Reed, of New York City, and Smith, Shaw, McClay Seifert, of Pittsburgh, Pa., of counsel), for petitioner.

G.A. Youngquist, Asst. Atty. Gen., and Helen R. Carloss and Sewall Key, Sp. Assts. to Atty. Gen. (C.M. Charest, Gen. Counsel, Bureau of Internal Revenue, and William E. Davis, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., of counsel), for respondent.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

In accordance with the confession of error of the respondent, the depreciation of the petitioner’s assets for the years 1924 and 1925 should be based upon the sum, $70,348.62. Otherwise the order is affirmed.

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