OpenJurist

240 F2d 958 Advertisers Exchange v. Commissioner of Internal Revenue

240 F.2d 958

ADVERTISERS EXCHANGE, Inc., Petitioner,
v.
COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 136.

Docket 24177.

United States Court of Appeals Second Circuit.

Argued January 21, 1957.

Decided February 18, 1957.

Advertisers Exchange, Inc., petitions for review of a decision of the Tax Court of the United States, 25 T.C. 1086, sustaining the Commissioner of Internal Revenue in determining deficiencies in its income and excess profits taxes for 1945 and 1946, based on his rejection, pursuant to I.R.C.1939, §§ 41 and 42 (a), 26 U.S.C.A. §§ 41, 42(a), of its change in method of accounting of its accruing receipts under its advertising service contracts with its customers.

Edward First, of Guggenheimer & Untermyer, New York City (Marvin Ross, of Guggenheimer & Untermyer, New York City, and Allen G. Gartner, Washington, D. C., on the brief), for petitioner.

L. W. Post, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson and I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

1

Affirmed on the decision of Judge Van Fossan, 25 T.C. 1086.