EAST BAY WATER CO. v. McLAUGHLIN

No. 19254-S.

24 F.Supp. 222 (1938)

EAST BAY WATER CO. v. McLAUGHLIN, Collector of Internal Revenue.

District Court, N. D. California, S. D.

August 21, 1938.


Attorney(s) appearing for the Case

T. P. Wittschen and L. W. Irving, both of Oakland, Cal., and John Enrietto, of Washington, D. C., for plaintiff.

Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., and Milford S. Zimmerman, Sp. Asst. to Atty. Gen., for defendant.


LINDLEY, District Judge.

Plaintiff sues to recover additional income taxes assessed against it for the year 1928, arising out of the alleged profit made in the sale of its assets that year, the property having been acquired January 1, 1917. The Commissioner fixed the value at that time at the sum of $16,548,541, and, deducting this from the purchase price received, assessed the tax upon the resulting profit. The question...

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