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BUELL v. COMMISSIONER OF INTERNAL REVENUE

No. 1801.

106 F.2d 398 (1939)

BUELL v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

August 22, 1939.

Attorney(s) appearing for the Case

George R. Blodgett, of Boston, Mass. (John T. Noonan and Alex J. McFarland, both of Boston, Mass., on the brief), for petitioner.

Warren F. Wattles, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

This is a petition to review a decision of the United States Board of Tax Appeals involving income taxes of J. Garfield Buell for the calendar years 1931 and 1932 in the amounts of $10,398.25 and $6,292.99, respectively.

The material facts were stipulated and are as follows:

Buell and Seth W. Herndon were the sole stockholders of the Bu-Vi-Bar Petroleum Corporation,1 having owned such stock for...

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