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PEAVY-BYRNES LUMBER CO. v. COMMISSIONER OF INTERNAL REV.

No. 7853.

86 F.2d 234 (1936)

PEAVY-BYRNES LUMBER CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1936.

Attorney(s) appearing for the Case

Sidney L. Herold and John B. Files, both of Shreveport, La., for petitioner.

John MacC. Hudson, Helen R. Carloss, and Sewall Key, Sp. Assts. to the Atty. Gen., Robert H. Jackson, Asst. Atty. Gen., and J. E. Marshall, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for respondent.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal has reference to income and profits taxes for the years 1916, 1917, and 1918. It is the third appeal to this court from a decision of the Board of Tax Appeals in this case. The opinion of this court on the first appeal is reported in Peavy-Wilson Lumber Co. v. Commissioner, 51 F.2d 163. Certiorari was granted by the Supreme Court upon application of the Commissioner, and the decision of this court...

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