HELVERING v. MINNESOTA TEA CO.

No. 10763.

89 F.2d 711 (1937)

HELVERING, Com'r of Internal Revenue, v. MINNESOTA TEA CO.

Circuit Court of Appeals, Eighth Circuit.

April 7, 1937.


Attorney(s) appearing for the Case

Maurice J. Mahoney, Sp. Asst. to Atty. Gen. (Robert H. Jackson, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

James G. Nye, of Duluth, Minn. (Oscar Mitchell and Mitchell, Gillette, Nye & Harries, all of Duluth, Minn., on the brief), for respondent.

Before STONE, GARDNER, and WOODROUGH, Circuit Judges.


STONE, Circuit Judge.

This is a petition for review of an order of the Board of Tax Appeals denying a redetermination of income tax for 1928 assessed against respondent by the Commissioner of Internal Revenue.

For years prior to 1928, respondent corporation had been engaged in retail business. On June 18, 1928, the stockholders of respondent (three in number) resolved to form a corporation to be known as the Peterson...

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