MIDWOOD ASSOCIATES v. COMMISSIONER OF INTERNAL REV.

No. 45.

115 F.2d 871 (1940)

MIDWOOD ASSOCIATES, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 2, 1940.


Attorney(s) appearing for the Case

Wilbur H. Friedman, of New York City (Proskauer, Rose & Paskus and Jacob P. Aronson, all of New York City, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Sp. Asst. to Atty. Gen., and Edwin E. Huddleson, Jr., of Washington, D. C., for respondent.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

This appeal presents but a single issue: whether under the circumstances hereafter to be stated the petitioner received taxable income for the year 1934 by reason of rents paid under a lease made by the petitioner as lessor. The facts were stipulated.

The petitioner is a New York corporation whose business is buying, selling and renting real estate. Its stock was originally owned in equal parts by three men, who were also its only directors...

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