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U.S. v. BOSTON & M.R. CO.

No. 129.

279 U.S. 732 (1929)

UNITED STATES v. BOSTON & MAINE RAILROAD.

Supreme Court of United States.

Reargued April 15, 1929.

Decided June 3, 1929.

Attorney(s) appearing for the Case

Mr. Alfred A. Wheat, Special Assistant to the Attorney General, with whom Attorney General Mitchell, Assistant Attorney General Willebrandt, and Messrs. Sewall Key, J. Louis Monarch, and Morton P. Fisher, Special Assistants to the Attorney General, and Mr. William E. Davis, Special Attorney, Bureau of Internal Revenue, were on the briefs, for the United States.

Mr. James S.Y. Ivins, with whom Messrs. Thornton Alexander, Kingman Brewster, E.S. Kochersperger, O.R. Folsom-Jones, and Joseph D. Brady were on the brief, for Boston & Maine Railroad.

MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.

As indicated in Old Colony Trust Co. v. Commissioner of Internal Revenue, just decided, ante, p. 716, this case comes here by certificate from the Circuit Court of Appeals for the First Circuit and on the following statement:

"This action is brought by the Boston & Maine Railroad to recover income taxes for the year 1917, claimed to...

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