FULLER & SMITH v. ROUTZAHN

No. 14396.

23 F.2d 959 (1927)

FULLER & SMITH v. ROUTZAHN, Collector of Internal Revenue.

District Court, N. D. Ohio, E. D.

November 17, 1927.


Attorney(s) appearing for the Case

Baker, Hostetler & Sidlo, of Cleveland, Ohio, for plaintiff.

A. E. Bersteen, U. S. Atty., of Cleveland, Ohio (C. M. Charest, Gen. Counsel Bureau of Internal Revenue, and Ralph E. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendant.


WESTENHAVER, District Judge.

The question involved in this case is whether plaintiff is entitled to classification as a personal service corporation under section 200, Revenue Act of 1918 (Comp. St. § 6336 1/8a). It was denied this classification by the Commissioner of Internal Revenue, and assessed income and excess profits taxes for January, 1918, and for the year ending January 31, 1919, as a trading or business corporation. The taxes so assessed were paid...

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