Court of Appeals for the Sixth Circuit February 28, 1961, 14124 (United States v. City Loan and Savings Company)

WEICK, Circuit Judge.

This case involves the question whether indebtedness evidenced by certificates of deposit issued by the taxpayer is to be

considered

and treated as borrowed capital for excess profits tax credit purposes under the provisions of Section 439(b) (1) of the Excess Profits Tax Act of 1950. 26 U.S.C.1952 Ed., Sec. 439.