ELKO LAMOILLE POWER CO. v. COMMISSIONER OF INT. REV.

No. 6399.

50 F.2d 595 (1931)

ELKO LAMOILLE POWER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

June 15, 1931.


Attorney(s) appearing for the Case

Milton B. Badt and James Dysart, both of Elko, Nev., for petitioner.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, J. P. Jackson, and Norman D. Keller, Sp. Asst. to Atty. Gen. (C. M. Charest, General Counsel, and William E. Davis, Sp. Atty., Bureau of Internal Revenue, both of counsel), of Washington, D. C., for respondent.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.


NETERER, District Judge.

The petitioner is a Nevada corporation engaged in power and light business at Elko, Nev. In 1924 a bond issue of $100,000 was authorized; $90,000 was sold, of which $15,000 was thereafter retired. It later became necessary to secure further funds, and it was concluded to issue preferred stock instead of selling available bonds. In 1925 $80,000 preferred stock, bearing 7 per cent. dividends, payable semiannually, preferred as to income and...

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