BARBOUR COAL CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 1116.

74 F.2d 163 (1934)

BARBOUR COAL CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

December 3, 1934.


Attorney(s) appearing for the Case

Addison S. Pratt, of New York City, for petitioner.

Warren F. Wattles, of Washington, D. C., for respondent.

Before PHILLIPS and BRATTON, Circuit Judges, and POLLOCK, District Judge.


POLLOCK, District Judge.

This case brings before this court for decision this question: Will a corporation created for a fixed term of years be allowed to amortize a commission by it paid to its representative for making sale of its preferred shares of its capital stock?

The facts briefly summarized for the purpose of decision, are as follows:

Petitioner is a mining corporation organized under the laws of the state of Colorado in January, 1926, with...

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