GARRISON BROS. STATE BANK v. COMMISSIONER OF INTERNAL REVENUE

No. 7105.

67 F.2d 486 (1933)

GARRISON BROS. STATE BANK v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

November 6, 1933.


Attorney(s) appearing for the Case

Raymond G. Wright, of Seattle, Wash., for appellant.

Pat Malloy, Asst. Atty. Gen., and J. Louis Monarch and John MacC. Hudson, Sp. Assts. to Atty. Gen. (E. Barrett Prettyman, Gen. Counsel, and Philip A. Bayer, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.


WILBUR, Circuit Judge.

The petitioner disposed of its business and good will to a new bank, called the Bank of Sumas, organized for that purpose. The appellee determined that it made a profit of $8,614 on the transfer, which amount was taxable income, being net profits from the sale of its banking business. The commissioner claimed that for the consideration of $40,000 paid by the newly organized bank, $10,000 of which was paid to Loomis and Brygger, the petitioner...

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