ACME LAND & FUR CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 8020.

84 F.2d 441 (1936)

ACME LAND & FUR CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

June 10, 1936.


Attorney(s) appearing for the Case

John J. Finnorn, of New Orleans, La., for petitioner.

Robert H. Jackson, Asst. Atty. Gen., Harry Marselli, Sewall Key, and Norman D. Keller, Sp. Assts. to Atty. Gen., and Herman Oliphant, Gen. Counsel, Department of Treasury, and De Witt M. Evans, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The sole question this petition presents for review is whether moneys, paid petitioner out of amounts raised by the inhabitants of the city of New Orleans to reimburse owners of crevasse property for losses from the destruction of wild life thereon, were income subject to taxation.

Petitioner insists that it was not, because (1) the payment was not gain derived from capital or labor, or gain from both capital and labor, or gain through...

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