COMMISSIONER OF INTERNAL REVENUE v. CITY BUTTON WORKS

No. 308.

49 F.2d 705 (1931)

COMMISSIONER OF INTERNAL REVENUE v. CITY BUTTON WORKS.

Circuit Court of Appeals, Second Circuit.

May 4, 1931.


Attorney(s) appearing for the Case

G. A. Youngquist, Atty. Gen., and Sewall Key and John H. McEvers, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Percy S. Crewe, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for petitioner.

Donald Horne, of New York City, for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

The sole question at issue is whether the respondent, City Button Works, was affiliated with another corporation, Rothschild Brothers & Co. The Commissioner held that it was not and taxed it accordingly. The Board held otherwise and the Commissioner has appealed. The facts are as follows:

One, Ludwig Rothschild, organized and held substantially all the shares of stock in the City Button Works, a manufacturing company of New York...

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