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COMAR OIL CO. v. BURNET

No. 9532.

64 F.2d 965 (1933)

COMAR OIL CO. v. BURNET, Commissioner of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 31, 1933.

Attorney(s) appearing for the Case

Truman Post Young, of St. Louis, Mo. (Thompson, Mitchell, Thompson & Young, of St. Louis, Mo., on the brief), for petitioner.

Hayner N. Larson, Sp. Asst. to Atty. Gen. (G. A. Youngquist, Asst. Atty. Gen., J. Louis Monarch, Sp. Asst. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and John H. Pigg, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for respondent.

Before STONE, VAN VALKENBURGH and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is a petition by the Comar Oil Company for review of an order and decision of the Board of Tax Appeals rendered November 10, 1931, which redetermined the deficiency in the income taxes of petitioner for the calendar year 1923 at the sum of $96,579.88, thereby approving the determination of the Commissioner of Internal Revenue.

The facts are not in dispute. They are set out in the findings of the Board of Tax Appeals, which are as...

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