PRODUCE EXCHANGE STOCK CLEARING ASS'N v. HELVERING

No. 305.

71 F.2d 142 (1934)

PRODUCE EXCHANGE STOCK CLEARING ASS'N, Inc., v. HELVERING, Commissioner of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

June 4, 1934.


Attorney(s) appearing for the Case

Allen H. Gardner, of Washington, D. C. (Morris, Kix Miller & Baar, of Washington, D. C., of counsel), for petitioner.

Frank J. Wideman, Asst. Atty. Gen. (Sewall Key and John G. Remey, Sp. Assts. to Atty. Gen., of counsel), for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

The question presented for decision is whether the petitioner is exempt from income tax by virtue of section 103 (7) of the Revenue Act of 1928 [45 Stat. 812, 813, 26 US CA § 2103 (7)], granting exemption to "Business leagues, chambers of commerce, real estate boards, or boards of trade, not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual." The Board decided adversely...

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