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NASH-BREYER MOTOR CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 6241.

44 F.2d 376 (1930)

NASH-BREYER MOTOR CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

October 27, 1930.

Attorney(s) appearing for the Case

George G. Witter and M. F. Mitchell, both of Los Angeles, Cal., for petitioner.

G. A. Youngquist, Asst. U. S. Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and Alva C. Baird, Sp. Atty., Bureau of Internal Revenue, of Los Angeles, Cal., for respondent.

Before RUDKIN and WILBUR, Circuit Judges, and KERRIGAN, District Judge.

WILBUR, Circuit Judge.

After a determination by a Board of Tax Appeals, the Nash-Breyer Motor Company filed a petition for review by the United States Circuit Court of Appeals of the Second Circuit in pursuance of and in accordance with a stipulation entered into by the Commissioner of Internal Revenue and petitioner. The Circuit Court of Appeals of the Second Circuit dismissed the petition for lack of jurisdiction. Nash-Breyer Motor Co., etc., v. Commissioner,

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