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WILKERSON DAILY CORP. v. COMMISSIONER OF INTERNAL REV.

No. 9864.

125 F.2d 998 (1942)

WILKERSON DAILY CORPORATION, Limited, v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

February 25, 1942.

Attorney(s) appearing for the Case

Latham & Watkins and Dana Latham, all of Los Angeles, Cal., and R. S. Doyle, of Washington, D. C., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sherley Ewing, and Lee A. Jackson, Sp. Assts. to Atty. Gen., for respondent.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

MATHEWS, Circuit Judge.

Petitioner, The Wilkerson Daily Corporation, Limited, a New York corporation doing business in California, seeks reversal of a decision of the Board of Tax Appeals1 which sustained a determination of respondent, the Commissioner of Internal Revenue, that petitioner had been availed of for the purpose of preventing the imposition of surtax upon its shareholders, through...

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