FORRESTER BOX CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 12072.

123 F.2d 225 (1941)

FORRESTER BOX CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 21, 1941.


Attorney(s) appearing for the Case

John H. McEvers, of Kansas City, Mo. (H. J. Plagens, Reece A. Gardner, and John M. Phillips, all of Kansas City, Mo., on the brief), for petitioner.

F. E. Youngman, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Newton K. Fox, Sp. Assts. to the Atty. Gen., on the brief), for respondent.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

This is a petition to review an order of the Board of Tax Appeals determining deficiencies in the income and excess profits taxes of the petitioner for the year 1935. In 1929 the petitioner sold for $128,571.36 certain machinery and equipment which it had acquired in 1922 at a cost of $128,571.36. The purchaser of the machinery and equipment paid to the petitioner $12,000 of the purchase price in the year 1935. The petitioner in its income...

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