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EL CAMPO RICE M. CO. v. COMMISSIONER OF INTERNAL REV.

No. 9708.

121 F.2d 303 (1941)

EL CAMPO RICE MILLING CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

June 25, 1941.

Attorney(s) appearing for the Case

Theodore B. Benson and Charles E. Foster, Jr., both of Washington, D. C., and Alvin O. King, of Lake Charles, La., for petitioner.

F. E. Youngman and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, Raymond F. Brown and Irene F. Scott, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., for respondent.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

El Campo Rice Milling Company, under marketing agreements made with the Secretary of Agriculture by virtue of Section 8 (2) of the original Agricultural Adjustment Act, 48 Stats. 31, 7 U.S.C.A. § 608(2), bought rough rice from producers at prices above the market and had on hand on March 31, 1935, over 8,000,000 pounds unprocessed. By the amendment of March 18, 1935, Sect. 9(b) (3), 49 Stats. 45, 7 U.S.C.A. § 609 (b) (3), a tax of...

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