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GEORGE A. MENDES & CO. v. BOWERS

21 F.2d 1008 (1927)

GEORGE A. MENDES & CO. v. BOWERS, Collector of Internal Revenue.

District Court, S. D. New York.

July 28, 1927.

Attorney(s) appearing for the Case

Benjamin Mahler, of New York City, for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City, for defendant.

BONDY, District Judge.

Though the business of buying and selling merchandise was only an incident of plaintiff's business of selling on commission goods belonging to others, the evidence discloses that on January 1, 1917, the plaintiff had unsold merchandise on hand inventoried at $17,943.78, and also that it made substantial profits in its business of buying and selling merchandise. Under such circumstances, I believe that this is not the case of a trade or business...

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