ZENITH MILLING CO. v. LUCAS

No. 8416.

41 F.2d 905 (1930)

ZENITH MILLING CO. v. LUCAS, Commissioner of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 22, 1930.


Attorney(s) appearing for the Case

Harry L. Donnelly, of Kansas City, Mo., and Perry W. Shrader, of Washington, D. C., for appellant.

Millar E. McGilchrist, Sp. Asst. to Atty. Gen. (Mabel Walker Willebrandt, Asst. Atty. Gen., J. Louis Monarch, Sp. Asst. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Shelby S. Faulkner, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for appellee.

Before BOOTH, Circuit Judge, and SANBORN and DEWEY, District Judges.


SANBORN, District Judge.

This appeal involves excess profits taxes for the year 1919, and comes to this court upon a petition to review a decision of the Board of Tax Appeals entered January 20, 1928. 8 B. T. A. 1279. The amount of the tax was directly affected by the amount of appellant's invested capital.

The appellee concedes that the appellant should have been allowed an invested capital of $75,000 ($50,000 capital and $25,000 surplus). The appellant claims...

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