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UNITED STATES v. BOSTON & MAINE R. R.

No. 2235.

33 F.2d 890 (1929)

UNITED STATES v. BOSTON & MAINE R. R.

Circuit Court of Appeals, First Circuit.

July 8, 1929.

Attorney(s) appearing for the Case

Frederick H. Tarr, of Boston, Mass. (C. M. Charest, Gen. Counsel, and William E. Davis, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States.

Thornton Alexander, of Boston, Mass. (J. S. Y. Ivins, Kingman Brewster, Edmund S. Kochersperger, and O. R. Folsom-Jones, all of Washington, D. C., of counsel), for respondents.

Before BINGHAM and JOHNSON, Circuit Judges, and MORTON, District Judge.

PER CURIAM.

The facts in this case raised the question whether the payment by the lessee, under the covenants of its lease, of income taxes assessable against the lessor constitute additional taxable income to such lessor. On May 2, 1928, this question was certified to the Supreme Court of the United States [33 F.2d 889] under section 239 of the Judicial Code (28 USCA § 346). In an opinion...

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