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HELVERING v. J. L. BRANDEIS & SONS

No. 9998.

75 F.2d 487 (1935)

HELVERING, Com'r of Internal Revenue, v. J. L. BRANDEIS & SONS.

Circuit Court of Appeals, Eighth Circuit.

February 5, 1935.

Attorney(s) appearing for the Case

Lucius A. Buck, Sp. Asst. to Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and M. H. Eustace, Sp. Assts. to Atty. Gen., on the brief), for petitioner.

F. H. Bryan, of Chicago, Ill. (G. A. Spencer, of Chicago, Ill., on the brief), for respondent.

Before STONE, GARDNER, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

The respondent is a corporation with principal offices in Omaha, Neb. Its president was George Brandeis, who owned one-fifth of its stock, and was the active worker and manager "upon whom fell the responsibility of the business." J. L. Ervine Brandeis, sometimes designated in the record as E. John Brandeis, was vice president of the company and owner of four-fifths of its stock. October 28, 1922, a resolution adopted by the board of...

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