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EATON v. ENGLISH & MERSICK CO.

No. 288.

7 F.2d 54 (1925)

EATON, Collector of Internal Revenue, v. ENGLISH & MERSICK CO.

Circuit Court of Appeals, Second Circuit.

April 13, 1925.

Attorney(s) appearing for the Case

John Buckley, U. S. Atty., and Allan K. Smith, Sp. Asst. U. S. Atty., both of Hartford, Conn., Nelson T. Hartson, Solicitor, of Internal Revenue, and John R. Wheeler, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for plaintiff in error.

Henry F. Parmelee, of New Haven, Conn., for defendant in error.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

ROGERS, Circuit Judge (after stating the facts as above).

This action was tried on an agreed statement of facts supplemented by the testimony of two witnesses who between them held the whole of the stock of the plaintiff corporation, with the exception of a qualifying share held by a third person. These two witnesses were called on behalf of the plaintiff, and their testimony is uncontradicted. No witnesses were called by the defendant. There is no dispute as to the...

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