SECOND CAREY TRUST v. HELVERING

No. 7865.

126 F.2d 526 (1942)

SECOND CAREY TRUST v. HELVERING, Commissioner of Internal Revenue.

United States Court of Appeals for the District of Columbia.

Decided March 9, 1942.


Attorney(s) appearing for the Case

Mr. George E. H. Goodner, of Washington, D. C., with whom Miss Helen Goodner, of Washington, D. C., was on the brief, for petitioner.

Mr. Lee A. Jackson, Special Assistant to the Attorney General, with whom Mr. Samuel O. Clark, Jr., Assistant Attorney General, and Mr. J. Louis Monarch, Special Assistant to the Attorney General, were on the brief, for respondent.

Mr. Sewall Key, Special Assistant to the Attorney General, and Mr. J. P. Wenchel, General Counsel, Bureau of Internal Revenue, of Washington, D. C., and Mr. Charles E. Lowery, Special Attorney, Bureau of Internal Revenue, of Washington, D. C., also entered appearances for respondent.

Before GRONER, Chief Justice, and MILLER, and EDGERTON, Associate Justices.


GRONER, C. J.

The case requires an answer to three questions: (1) Did the Board err in holding petitioner not a trust but an association taxable as a corporation; (2) Did the Board err in refusing to exclude the amount of $36,882.84 from petitioner's gross income; (3) Did the Board err in denying petitioner's motion to grant further hearing or a new trial?

Briefly stated, the facts are these: In 1934 Messrs. Diffie, Brown, and Shanks, presumably of the State...

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