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CONKLIN-ZONNE-LOOMIS CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 339, Original.

29 F.2d 698 (1928)

CONKLIN-ZONNE-LOOMIS CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

November 24, 1928.

Attorney(s) appearing for the Case

J. B. Faegre, of Minneapolis, Minn. (Cobb, Hoke, Benson, Krause & Faegre, of Minneapolis, Minn., on the brief), for petitioner.

L. W. Scott, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Mabel Walker Willebrandt, Asst. Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and J. Arthur Adams, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for respondent.

Before BOOTH, Circuit Judge, and POLLOCK and DEWEY, District Judges.

DEWEY, District Judge.

This is an appeal from the actions of the Board of Tax Appeals in determining an income tax liability of petitioner for the fiscal years ending April 30, 1920, April 30, 1921, and from May 1 to December 31, 1921. The question for decision is whether the petitioner was entitled to classification as a personal service corporation within the term defined by section 200 of the Revenue Acts of 1918 and 1921 (40 Stat. 1059; 42 Stat. 228), and as such...

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