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HENRY v. COMMISSIONER OF INTERNAL REVENUE

No. 4211.

39 F.2d 358 (1930)

HENRY v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

March 17, 1930.

Attorney(s) appearing for the Case

Wm. Clarke Mason and John Russell, Jr., both of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for petitioner.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and John G. Remey, Sp. Asst. Attys. Gen. (C. M. Charest, Gen. Counsel, and Allin H. Pierce, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before WOOLLEY and DAVIS, Circuit Judges, and JOHNSON, District Judge.

WOOLLEY, Circuit Judge.

This case and that of Houston v. Commissioner (C. C. A.) 39 F.2d 351, are alike, mutatis mutandis, on all facts save one claimed additional fact and are alike on the law except as affected by that fact.

When the Real Estate Trust Company of Philadelphia failed, Samuel F. Houston, joining the other directors, subscribed $755,000 to a fund raised to restore its solvency, the fund to be used for the purpose...

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