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GENERAL WATER HEATER CORP. v. COM'R OF INTERNAL REVENUE

No. 6070.

42 F.2d 419 (1930)

GENERAL WATER HEATER CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

July 7, 1930.

Attorney(s) appearing for the Case

Claude I. Parker and Ralph W. Smith, both of Los Angeles, Cal. (George H. Koster, of Los Angeles, Cal., of counsel), for petitioner.

G. A. Youngquist, Asst. U. S. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., and E. Riley Campbell, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and John Vaughan Groner, Sp. Asst. to Atty. Gen., of counsel), for respondent.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

The petitioner was assessed for deficiency of income tax for the years 1921 and 1922 upon the ground that the salaries and bonuses voted by the petitioning corporation to its officers were unreasonably large. The resolution authorizing the payment of salary fixed a lump sum for each officer, and a second resolution added thereto a bonus for the years of 1921 and 1922. The total of salary and bonus voted...

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