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JAMESTOWN & NEWPORT FERRY CO. v. COMMISSIONER OF INT. REV.

No. 2428.

41 F.2d 920 (1930)

JAMESTOWN & NEWPORT FERRY CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

June 5, 1930.

Attorney(s) appearing for the Case

Guy Mason, of Washington, D. C. (Mason Spalding & McAtee, of Washington, D. C., of counsel; Robert A. Littleton, of Washington, D. C., on the brief), for petitioner.

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (C. A. Youngquist, Asst. Atty. Gen., J. Louis Monarch, Sp. Asst. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Dean P. Kimball, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for the Commissioner.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

ANDERSON, Circuit Judge.

This is an appeal from the Board of Tax Appeals holding the Jamestown & Newport Ferry Company subject to an income tax for the fiscal years 1922, 1923, and 1925. The facts are elaborately set forth in the opinion of the Board of Tax Appeals. We summarize them as follows:

The town of Jamestown is coterminus with Conanicut Island in Narragansett Bay. The town is about three miles west of Newport, located on another island, and approximately...

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