UNITED STATES v. ANDERSON CO.

No. 7475.

119 F.2d 343 (1941)

UNITED STATES v. ANDERSON CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 22, 1941.


Attorney(s) appearing for the Case

James R. Fleming, of Fort Wayne, Ind., Luther M. Swygert, of Hammond, Ind., and Samuel O. Clark, Jr., Asst. Atty. Gen., for appellant.

Albert H. Gavit and Richard Melvin, both of Gary, Ind., for appellee.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.


EVANS, Circuit Judge.

An undistributed profits tax of $32,160.95 for the years 1936 and 1937, was disallowed by the District Court on the ground that appellee was not subject to the tax, because it was both "insolvent and in receivership." Our only question involves the correctness of the court's finding (or conclusion) that appellee was "insolvent" within the meaning of the statute for each of the tax years involved.

The Facts. The Company's receivership...

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