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RASMUSSON v. EDDY'S STEAM BAKERY

No. 6537.

57 F.2d 27 (1932)

RASMUSSON, Collector of Internal Revenue, v. EDDY'S STEAM BAKERY, Inc.

Circuit Court of Appeals, Ninth Circuit.

March 28, 1932.

Attorney(s) appearing for the Case

Wellington D. Rankin, U. S. Atty., and Arthur P. Acher, Asst. U. S. Atty., both of Helena, Mont., and John R. Wheeler, Sp. Atty., Bureau of Internal Revenue, of Seattle, Wash., for appellant.

T. B. Weir and Harry P. Bennett, both of Helena, Mont., for appellee.

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

WILBUR, Circuit Judge.

Appellee brought an action to recover $3,819.63 taxes and interest paid by it for the calendar year 1921 upon the ground that it had no income during that year for the reason that prior to December 31, 1920, it had transferred all of its property and business to J. E. O'Connell, and transacted no business whatever during that year. This was the sole issue in the case. Judgment was rendered for the appellee and this appeal was taken by the Collector...

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