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HELVERING v. NIBLEY-MIMNAUGH LUMBER CO.

No. 6037.

70 F.2d 843 (1934)

HELVERING, Commissioner of Internal Revenue, v. NIBLEY-MIMNAUGH LUMBER CO.

Court of Appeals of the District of Columbia.

Decided March 19, 1934.

Rehearing Denied May 7, 1934.

Attorney(s) appearing for the Case

Sewall Key, John G. Remey, E. Barrett Prettyman, Shelby S. Faulkner, and Chester A. Gwinn, all of Washington, D. C., for petitioner.

Stanley Suydam and H. Prescott Gatley, both of Washington, D. C., for respondent.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

GRONER, Associate Justice.

Respondent was a corporation organized under the laws of Oregon and engaged in the lumber business. Some time prior to August 1, 1923, it had negotiated with Bowman-Hicks Lumber Company for the purpose of effecting a sale of its plant, timber lands, and personal property. On the date mentioned, respondent's board of directors, with the approval of more than two-thirds of its stockholders, passed a resolution authorizing its president and...

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