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BURR CREAMERY CORPORATION v. COMMISSIONER OF INT. REV.

No. 6935.

62 F.2d 407 (1932)

BURR CREAMERY CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

December 23, 1932.

Attorney(s) appearing for the Case

Claude I. Parker and Ralph W. Smith, both of Los Angeles, Cal., and Llewellyn A. Luce, of Washington, D. C., for petitioner.

G. A. Youngquist, Asst. Atty. Gen., Sewall Key and Morton K. Rothschild, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, and J. Arthur Adams, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

MACK, Circuit Judge.

The petition herein seeks a review of the Board of Tax Appeal's order which affirmed respondent's determination denying exemption to petitioner from income and excess profit taxes for the years 1922 and 1923, under section 231 (11) of the Revenue Act of 1921, 42 Stat. 253. The relevant statutory and regulatory provisions are quoted in the margin.1

The facts are fully stated in the Board's opinion, 23 B. T....

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