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UNITED STATES v. ARMSTRONG

Nos. 8002, 8007.

26 F.2d 227 (1928)

UNITED STATES v. ARMSTRONG et al. KEATON et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 20, 1928.

Attorney(s) appearing for the Case

A. J. Ward, Sp. Atty. Bureau of Internal Revenue, of Washington, D. C. (Roy St. Lewis, U. S. Atty., and William P. Kelley, Asst. U. S. Atty., both of Oklahoma City, Okl., and C. M. Charest, General Counsel Bureau of Internal Revenue, and I. R. Blaisdell and Henry A. Cox, Sp. Attys. Bureau of Internal Revenue, all of Washington, D. C., on the brief), for the United States.

C. B. Cochran, of Oklahoma City, Okl., for Armstrong et al. and Keaton et al.

Before LEWIS, Circuit Judge, and SCOTT and DAVIS, District Judges.

SCOTT, District Judge.

On November 4, 1924, the United States filed its bill in equity against R. E. Armstrong and fifteen others, stockholders in Wild Cat Jim Oil Company, to recover a balance of income and excess profits tax for the year 1918. Wild Cat Jim Oil Company, during and after 1918, was an Oklahoma corporation. Its capital stock was divided into 220 shares. At all times material to the controversy it had 63 stockholders. Its entire capital was invested...

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