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COMMISSIONER OF INTERNAL REVENUE v. FALCON CO.

No. 10011.

127 F.2d 277 (1942)

COMMISSIONER OF INTERNAL REVENUE v. FALCON CO.

Circuit Court of Appeals, Fifth Circuit.

April 8, 1942.

Attorney(s) appearing for the Case

Edward First, Sewall Key, J. Louis Monarch, and Arthur A. Armstrong, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

Leonard M. Levy, of Forth Worth, Tex., and Monte M. Lemann, of New Orleans, La., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

The Commissioner determined deficiencies in income and excess profits taxes against the Falcon Company for the fiscal year which ended May 31, 1934. Falcon Company contested the Commissioner's determination, and the Board of Tax Appeals found the issues in favor of the taxpayer and entered decision accordingly. The findings and opinion of the Board are reported in full, and for this reason we will not give a detailed review of the facts in this...

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