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GEORGE LA MONTE & SON v. COMMISSIONER OF INTERNAL REVENUE

No. 269.

32 F.2d 220 (1929)

GEORGE LA MONTE & SON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

April 8, 1929.

Attorney(s) appearing for the Case

Wood, Molloy & France, of New York City (Henry P. Molloy and Melville J. France, both of New York City, of counsel), for petitioner.

Mabel Walker Willebrandt, Asst. Atty. Gen., Sewall Key and Andrew D. Sharpe, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and C. Colden Miller, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

This petition seeks to review a determination of the Board of Tax Appeals, adjudging deficiencies of income and profit taxes for the years 1920, 1921, and 1922 on petitioner's return for these years. On January 30, 1905, George La Monte & Son, a New York corporation, and the Kingsland Paper Mills, a New Jersey corporation, competitors in business, agreed to and did consolidate their business under the terms of an agreement whereby the Kingsland...

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