PEIR v. COMMISSIONER OF INTERNAL REVENUE

No. 8533.

96 F.2d 642 (1938)

PEIR v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

April 29, 1938.


Attorney(s) appearing for the Case

A. Calder Mackay, of Los Angeles, Cal. (Thomas R. Dempsey, Howard W. Reynolds, and Arthur McGregor, all of Los Angeles, Cal., of counsel), for petitioner.

James W. Morris, Asst. Atty. Gen., and J. Louis Monarch, F. E. Youngman, and Ellis N. Slack, Sp. Assts. to Atty. Gen., for respondent.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.


STEPHENS, Circuit Judge.

This is a petition to review a decision of the Board of Tax Appeals.

The facts are as follows: The Western Oxygen Company, a corporation, held a special stockholders' meeting of March 6, 1929, and ratified a contract previously entered into with the Air Reduction Company, a corporation. For convenience we herein drop the word "Company" from the names of the two corporations. The Board found as a fact that this contract "contemplated...

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