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COMMISSIONER OF INTERNAL REVENUE v. BASHFORD

No. 6156.

87 F.2d 827 (1937)

COMMISSIONER OF INTERNAL REVENUE v. BASHFORD.

Circuit Court of Appeals, Third Circuit.

January 22, 1937.

Attorney(s) appearing for the Case

Robert H. Jackson, Asst. Atty. Gen., and Sewall Key and Maurice J. Mahoney, Sp. Assts. to Atty. Gen., for petitioner.

Walter G. Moyle and Ernest L. Wilkinson, both of Washington, D. C. (Earl B. Breeding, of Washington, D. C., of counsel), for respondent.

Before BUFFINGTON and THOMPSON, Circuit Judges and MARIS, District Judge.

MARIS, District Judge.

This is a petition to review a decision of the United States Board of Tax Appeals. The facts involved are fully set forth in the opinion of the Board. They may be briefly summarized as follows:

Prior to October 7, 1930, Peerless Explosives Company, Union Explosives Company, and its wholly owned subsidiary, Black Diamond Powder Company, were corporations engaged in the manufacture and sale of high explosives in competition with Atlas...

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