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WALKER v. COMMISSIONER OF INTERNAL REVENUE

Nos. 6806-6809.

65 F.2d 97 (1933)

WALKER v. COMMISSIONER OF INTERNAL REVENUE (two cases). GOLDSTEIN v. SAME (two cases).

Circuit Court of Appeals, Fifth Circuit.

Petition for Permission to File a Second Application for Rehearing Denied June 9, 1933.

Attorney(s) appearing for the Case

S. L. Herold and Elias Goldstein, both of Shreveport, La., for petitioner.

G. A. Youngquist, Asst. Atty. Gen., Sewall Key, J. Louis Monarch, and F. Edward Mitchell, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and J. Arthur Adams, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.

PER CURIAM.

Appellants, in connection with their motions for rehearing, not only reargue the point they presented before, that they received no taxable income in the years 1923 and 1924, but for the first time advance arguments in support of their claim to depletion which, though they had an assignment of error claiming it in the alternative, they did not on the submission of the cause argue either orally or in their briefs, and in regard to which the record contains...

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