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UNITED STATES v. BOSTON BUICK CO.

Nos. 2344, 2377.

35 F.2d 560 (1929)

UNITED STATES v. BOSTON BUICK CO. SAME v. IRON CAP COPPER CO.

Circuit Court of Appeals, First Circuit.

November 5, 1929.

Attorney(s) appearing for the Case

Ralph E. Smith and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, both of Washington, D. C. (Frederick H. Tarr, U. S. Atty., and J. Duke Smith, Sp. Asst. to the U. S. Atty., both of Boston, Mass., on the brief), for the United States.

Charles W. Mulcahy, of Boston, Mass., for Boston Buick Co.

Burton E. Eames, of Boston, Mass. (Tyler, Eames, Wright & Hooper, of Boston, Mass., on the brief), for Iron Cap Copper Co. G. Carroll Todd, of Washington, D. C., amicus curiæ.

Before ANDERSON and WILSON, Circuit Judges, and HALE, District Judge.

WILSON, Circuit Judge.

These two cases are before this court on appeal by the United States from decisions of the District Court of Massachusetts. As the same question is involved in both cases and they were argued together, one opinion will suffice to dispose of them.

The material facts in the Iron Cap Copper Company creating the issue here raised are as follows:

An examination and audit of the tax returns...

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