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ROSE v. HAVERTY FURNITURE CO.

No. 4805.

15 F.2d 345 (1926)

ROSE, Collector of Internal Revenue, v. HAVERTY FURNITURE CO.

Circuit Court of Appeals, Fifth Circuit.

October 27, 1926.

Attorney(s) appearing for the Case

C. P. Goree, of Atlanta, Ga. (Clint W. Hager, of Atlanta, Ga., and A. W. Gregg and Frederick W. Dewart, both of Washington, D. C., on the brief), for plaintiff in error.

Marion Smith, of Atlanta, Ga. (Bloodworth & Fort, of Washington, D. C., Little, Powell, Smith & Goldstein, of Atlanta, Ga., and O. H. B. Bloodworth, Jr., of Washington, D. C., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Defendant in error, a Texas corporation, plaintiff below, hereafter referred to as plaintiff, is engaged in the retail furniture business in Dallas, Tex., but has its headquarters in Atlanta, Ga., where its returns for federal taxes are made. In February, 1920, it leased a new store in Dallas for a period of 10 years, from January 1, 1921. By the terms of the lease it was given permission to make necessary repairs and alterations to the building...

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