CHICAGO STOCK YARDS CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 3730.

129 F.2d 937 (1942)

CHICAGO STOCK YARDS CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

July 24, 1942.


Attorney(s) appearing for the Case

Joseph N. Welch, of Boston, Mass., George Wharton Pepper, of Philadelphia, Pa., Francis B. Keeney, of Providence, R. I., Edward J. Keelan, Jr., and L. E. Green, both of Boston, Mass., and Frederick H. Spotts, of Philadelphia, Pa., and Hale & Dorr, of Boston, Mass., for petitioner for review.

Carleton Fox, Sp. Asst. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Sewall Key, and Helen R. Carloss, Sp. Assts. to the Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Claude R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., for Commissioner of Internal Revenue.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAGRUDER, Circuit Judge.

This petition for review brings before us a decision of the Board of Tax Appeals entered March 29, 1941, determining that there are deficiencies in income tax of Chicago Stock Yards Company for the years 1930, 1932 and 1933 totaling $4,110,120.70 — for 1930, $1,817,686.10; for 1932, $1,145,322.68; for 1933, $1,147,111.92. The Board, four members dissenting, thus upheld a ruling by the Commissioner that petitioner had become subject...

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