Hart Furniture Company, Inc. v. Commissioner of Internal Revenue

PER CURIAM. This cause came on to be heard upon the joint stipulation of counsel that the above entitled and numbered cause be reversed and the cause remanded to the Tax Court of the United States with direction to enter a decision in favor of the petitioner on the issue saved by the appeal to accord with the decisions in Kimbrell’s Home Furnishings Co. v. Commissioner, 4 Cir., 159 F.2d 608; Busch’s Kredit Jewelry Co. v. Commissioner, 2 Cir., 179 F.2d 298, certiorari denied 339 U.S. 967, 70 S.Ct. 1003 and John Breuner Co. v. Commissioner, 9 Cir., 179 F.2d 685, certiorari denied 339 U.S. 967, 70 S.Ct. 1003, and was submitted to the Court; On consideration whereof, it is now here ordered and adjudged by this Court that the above entitled and numbered cause be reversed and the cause remanded to the Tax Court of the United States with direction to enter a decision in favor of the petitioner on the issue saved by the appeal to accord with the decisions in Kimbrell’s Home Furnishings Co. v. Commissioner, 4 Cir., 159 F.2d 608; Busch’s Kredit Jewelry Co. v. Commissioner, 2 Cir., 179 F.2d 298, certiorari denied 339 U.S. 967, 70 S.Ct. 1003 and John Breuner Co. v. Commissioner, 9 Cir., 179 F.2d 685, certiorari denied 339 U.S. 967, 70 S.Ct. 1003. It is further ordered that a certified copy of the joint stipulation of counsel to reverse and remand, and of this judgment, be forwarded to the Tax Court of the United States by the Clerk of this Court.