NATIONAL OUTDOOR ADVERTISING BUREAU v. HELVERING

Nos. 116-290.

89 F.2d 878 (1937)

NATIONAL OUTDOOR ADVERTISING BUREAU, Inc., v. HELVERING. HELVERING v. NATIONAL OUTDOOR ADVERTISING BUREAU, Inc.

Circuit Court of Appeals, Second Circuit.

May 10, 1937.


Attorney(s) appearing for the Case

Edward F. Colladay and Wilton H. Wallace, both of Washington, D. C., for National Outdoor Advertising Bureau.

James W. Morris, Asst. Atty. Gen., and Sewall Key and John G. Remey, Sp. Assts. to Atty. Gen., for Commissioner of Internal Revenue.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

Both the Commissioner of Internal Revenue and the taxpayer have appealed from an order of the Board of Tax Appeals altogether expunging the deficiency in the taxpayer's income for the year 1929, and reducing it for 1930 to $1,196.41. There are three questions involved: (1) whether the taxpayer was exempt as a coöperative association within section 103 (12) of the Revenue Act of 1928 (26 U.S. C.A. § 103 note); (2), whether it should...

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