CO-OPERATIVE OIL ASS'N v. COMMISSIONER OF INT. REVENUE

No. 9393.

115 F.2d 666 (1940)

CO-OPERATIVE OIL ASS'N, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 23, 1941.


Attorney(s) appearing for the Case

J. L. Eberle, of Boise, Idaho, and Walter Griffiths, of Caldwell, Idaho, for petitioner.

Samuel O. Clark, Jr., Asst. U. S. Atty. Gen., and Sewall Key and Lee A. Jackson, Sp. Assts. to Atty. Gen., for respondent.

Before WILBUR, HANEY, and HEALY, Circuit Judges.


HANEY, Circuit Judge.

The question presented by the petition to review a decision of the Board of Tax Appeals involves the right to deduct, as a liability to the members of a cooperative association, amounts earned but not distributed to such members.

Petitioner was incorporated in 1933 as a non-profit cooperative association under the laws of Idaho, and deals in petroleum products and auto supplies. Idaho Code Ann. § 22-2002, relating to such associations...

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