SAGE v. COMMISSIONER OF INTERNAL REVENUE

No. 100.

83 F.2d 221 (1936)

SAGE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.


Attorney(s) appearing for the Case

Ellsworth C. Alvord and Floyd F. Toomey, both of Washington, D. C. (Louis Quarles and L. J. Burlingame, both of Milwaukee, Wis., and Edward H. McDermott, of Chicago, Ill., of counsel), for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Warren F. Wattles, Sp. Assts. to Atty. Gen., for respondent.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

The petitioner owned 1,029 shares of the common stock of the Kimberly-Clark Company, a paper manufacturer of Neenah, Wis. In 1920 it organized a corporation, later called the Kotex Company, to which it transferred its cellucotton absorbent wadding business owning 89 per cent. of the capital stock, and the officers and employees of the latter company owned 11 per cent. Until 1927, the business of both was carried on at the plant at Neenah, Wis...

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