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PIPER v. WILLCUTS

No. 2321.

55 F.2d 397 (1932)

PIPER v. WILLCUTS, Collector of Internal Revenue.

District Court, D. Minnesota, Third Division.

January 22, 1932.

Attorney(s) appearing for the Case

Junell, Oakley, Driscoll & Fletcher and Leland W. Scott, all of Minneapolis, Minn., for plaintiff.

M. W. Goldsworthy, Sp. Asst. to U. S. Atty., and Eldon O. Hanson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C. (Lewis L. Drill, U. S. Atty., of St. Paul, Minn., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Herbert E. Carnes, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for defendant.

SANBORN, District Judge.

This cause came on to be tried on the 13th day of November, 1931, upon a stipulation of facts. A jury was waived. At the close of the testimony, each party moved for judgment on the sole ground that the evidence would support no other conclusion, and it was agreed that the party whose motion was denied should have an exception.

From the stipulation of facts it appears that Mr. Piper, the plaintiff, purchased 300 shares of the capital...

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