THOMAS E. BASHAM CO. v. LUCAS

No. 5039.

30 F.2d 97 (1928)

THOMAS E. BASHAM CO. v. LUCAS, Collector of Internal Revenue.

Circuit Court of Appeals, Sixth Circuit.

December 7, 1928.


Attorney(s) appearing for the Case

Elwood Hamilton, of Louisville, Ky. (Beckham, Hamilton & Beckham, of Louisville, Ky., on the brief), for plaintiff in error.

C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C. (T. H. Lewis, Jr., of Washington, D. C., Thomas J. Sparks, U. S. Atty., of Greenville, Ky., and Frank A. Ropke, Asst. U. S. Atty., of Louisville, Ky., on the brief), for defendant in error.

McKercher & Link, of New York City, amici curiæ.

Before DENISON, MACK, and HICKS, Circuit Judges.


PER CURIAM.

Suit to recover a payment of income tax, involving the question whether the taxpayer was a personal service corporation entitled to the benefits of sections 231 and 200 of the Revenue Act of 1918. 40 Stat. 1076, 1058.

After a jury had been waived in writing, and the case tried without any request for special findings, the District Judge filed an opinion discussing the facts and the law, and directing a judgment for defendant. The defendant then...

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