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MARBELITE CORPORATION v. COMMISSIONER OF INTERNAL REV.

Nos. 7685, 7686.

77 F.2d 713 (1935)

MARBELITE CORPORATION OF AMERICA, Limited, v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

May 20, 1935.

Attorney(s) appearing for the Case

Ben S. Hunter and Frank Mergenthaler, both of Los Angeles, Cal., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and F. E. Youngman, Sp. Assts. to the Atty. Gen., for respondent.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

WILBUR, Circuit Judge.

The petitioner made a tax return for 1929 and 1930 upon the theory that it was affiliated with a subsidiary corporation known as the Marbelite Corporation of Illinois. The latter corporation had been organized by the petitioner with a capital stock of 4,000 shares of the par value of $100 each. Of this stock 2,995 shares had been issued to petitioner and five shares owned by petitioner were issued to...

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