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NEWARK MILK & CREAM CO. v. COM'R OF INTERNAL REVENUE

No. 4007.

34 F.2d 854 (1929)

NEWARK MILK & CREAM CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

September 11, 1929.

Attorney(s) appearing for the Case

Lee I. Park, Charles D. Hamel, and Richard S. Doyle, all of Washington, D. C. (Hopkins, Starr, Hopkins & Hamel, of Washington, D. C., of counsel), for petitioner.

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

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This is an appeal by the Newark Milk & Cream Company, the taxpayer, from an order of the Tax Board. The proceeding was for the redetermination of deficiencies in income tax for the years 1922 and 1923 in the respective amounts of $3,788.75 and $3,241.55. The facts are stated in detail and discussed at length in the opinion and findings of the board, and by reference thereto we avoid needless repetition. The case turns on what is the...

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