COMMISSIONER OF INTERNAL REVENUE v. EMERSON CAREY FIBRE PRODUCTS CO.

No. 820.

70 F.2d 990 (1934)

COMMISSIONER OF INTERNAL REVENUE v. EMERSON CAREY FIBRE PRODUCTS CO. et al.

Circuit Court of Appeals, Tenth Circuit.

May 21, 1934.


Attorney(s) appearing for the Case

Norman D. Keller, Sp. Asst. to Atty. Gen. (Pat Malloy, Asst. Atty. Gen., Sewall Key and John H. McEvers, Sp. Assts. to Atty. Gen., and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, and Chester A. Gwinn, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for petitioner.

Earl W. Shinn, of Washington, D. C. (H. B. McCawley, of Washington, D. C., on the brief), for respondents.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


LEWIS, Circuit Judge.

This is a petition to review a decision of the Board of Tax Appeals involving income taxes of respondents for the year 1923.

Members of the Carey family owned the capital stock of the Emerson Carey Fibre Products Company and The Carey Salt Company, Kansas corporations with their principal place of business at Hutchinson, Kansas. The assets of a job printing plant were acquired by the Carey family by assignment in lieu of foreclosure proceedings...

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