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ROSS v. COMMISSIONER OF INTERNAL REVENUE

No. 10173.

129 F.2d 310 (1942)

ROSS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

July 9, 1942.

Attorney(s) appearing for the Case

Charles B. McInnis, of Washington, D. C., for petitioner.

Archibald Cox, Atty., Office of Sol. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Sewall Key, and Newton K. Fox, Sp. Assts. to Atty. Gen., J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue and Vernon F. Weekley, Sp. Atty., Bureau of Internal Revenue all of Washington, D. C., for respondent.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

This case concerns deficiencies in income taxes for the calendar years 1934, 1935 and 1936 of a dissolved corporation, Ross Brothers Horse and Mule Company, assessed against W. R. Ross, its principal stockholder, as transferee. The Company did a large business, averaging nearly a million dollars per year, at Fort Worth, Texas, in selling horses and mules at auction for a commission of $2.50 a head. It rented its stock pens and auction ring,...

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