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BURNET v. NORTH AMERICAN OIL CONSOLIDATED

No. 6315.

50 F.2d 752 (1931)

BURNET, Commissioner of Internal Revenue, v. NORTH AMERICAN OIL CONSOLIDATED.

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing. September 14, 1931.

Attorney(s) appearing for the Case

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and Helen R. Carloss, Sp. Assts. to the Atty. Gen. (C. M. Charest, Gen. Counsel, and Prew Savoy and Allin Pierce, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., of counsel), for petitioner.

Herbert W. Clark and Leon de Fremery, both of San Francisco, Cal., for respondent.

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

WILBUR, Circuit Judge.

Petitioner seeks to review a decision of the Board of Tax Appeals with relation to a deficiency tax of respondent for income and profit taxes for the year 1917. The sole question involved is whether or not the sum of $171,972.20 derived from the sale of oil produced on section 2 during the year 1916, impounded in the hands of a receiver appointed by the federal court for that purpose, and retained by him until 1917, when under order of court...

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