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APOLLO OPERATING CORPORATION v. ANDERSON

No. 146.

55 F.2d 66 (1932)

APOLLO OPERATING CORPORATION v. ANDERSON.

Circuit Court of Appeals, Second Circuit.

January 18, 1932.

Attorney(s) appearing for the Case

Joseph P. Bickerton, Jr., of New York City (Sidney R. Fleisher, of New York City, of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (Harry G. Herman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellant was the lessee and operator of the Apollo Theatre in New York City, at which a play was produced between June, 1926, and June, 1927. During this time the box office received $51,598 above established prices for the tickets sold. The Commissioner taxed this sum under the provision of section 500 (a) of the Revenue Act of 1926, subdivision 3, 26 USCA § 871 (a) (3), of which provides: "A tax equivalent to 50 per centum of the amount...

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