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HENNINGSEN PRODUCE CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 4886.

37 F.2d 821 (1930)

HENNINGSEN PRODUCE CO. v. COMMISSIONER OF INTERNAL REVENUE.

Court of Appeals of District of Columbia.

Decided January 6, 1930.

Attorney(s) appearing for the Case

Harry Friedman, of Washington, D. C., for appellant.

Mabel W. Willebrandt, Asst. Atty. Gen., and C. M. Charest, S. S. Faulkner, Sewall Key, and John H. McEvers, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

ROBB, Associate Justice.

Appeal from a decision of the Board of Tax Appeals. The stipulated facts are substantially as follows: On November 23, 1918, appellant, a Nebraska corporation, sold to a commission company of Omaha, Neb., a quantity of frozen, mixed eggs, guaranteeing them to be "good merchantable stock." The sale price of the eggs, $5,460.45, was included in appellant's gross sales for 1918, and also as gross income in its income tax return for that year...

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