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BLAIR v. ROSSETER

No. 5724.

33 F.2d 286 (1929)

BLAIR, Commissioner of Internal Revenue, v. ROSSETER.

Circuit Court of Appeals, Ninth Circuit.

June 17, 1929.

Attorney(s) appearing for the Case

Mabel Walker Willebrandt, Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to the Atty. Gen. (C. M. Charest, General Counsel, and Shelby S. Faulkner, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for petitioner.

Hugh Goodfellow and Hillyer Brown, both of San Francisco, Cal. (Orrick, Palmer & Dahlquist and Christopher M. Jenks, all of San Francisco, Cal., of counsel), for respondent.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

This is a proceeding to review an order or decision of the United States Board of Tax Appeals. From 1910 to 1920 the respondent was president of the Sperry Flour Company. During that period, he devoted about one-fourth of his time to the service of the company, and was paid an annual salary of $6,000 in full compensation for such service. On August 16, 1920, the stockholders of the company, by unanimous vote, instructed the board of directors...

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