BARKER BROS. CORPORATION v. ROGAN

No. 9962.

126 F.2d 917 (1942)

BARKER BROS. CORPORATION v. ROGAN, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

March 31, 1942.


Attorney(s) appearing for the Case

Joseph D. Peeler and Melvin D. Wilson, both of Los Angeles, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Paul S. McMahon, and Frank Ready, Sp. Assts. to Atty. Gen., and Wm. Fleet Palmer, U.S. Atty., and Armond Monroe Jewell, Asst. U.S. Atty., both of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a judgment against appellant corporation for a capital stock tax for the taxable year ending June 30, 1936. Appellant claims that it was not liable since it was not carrying on or doing any business for any part of that tax year and hence was not liable for the tax imposed by section 105(a) of the Revenue Act of 1935, as amended, 26 U.S.C.A. Int.Rev. Acts, page 796.

The question here is whether certain acts of...

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