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T. C. POWER & BRO. v. COMMISSIONER OF INTERNAL REVENUE

No. 5359.

27 F.2d 116 (1928)

T. C. POWER & BRO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

June 25, 1928.

Attorney(s) appearing for the Case

James A. Walsh, of Helena, Mont., for plaintiff in error.

Mabel Walker Willebrandt, Asst. Atty. Gen., and C. M. Charest, Gen. Counsel, and Annabel Matthews, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge.

The petitioner seeks by appeal to review the decision of the Commissioner of Internal Revenue to the effect that there existed a deficiency in its income and profits tax, to be assessed for the taxable year 1919. Its petition was filed with the Board of Tax Appeals on April 2, 1925. The respondent's answer was filed September 23, 1925, and a hearing on the merits was had before a division of said board, and upon the testimony taken the cause...

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