SERIES "A" TRUST v. HELVERING

No. 7868.

126 F.2d 530 (1942)

SERIES "A" 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

Miss Helen Goodner, of Washington, D. C., with whom Mr. George E. H. 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.

This is a petition to review a decision of the Board of Tax Appeals involving petitioner's income and excess profits tax for the years 1933 and 1934. The case was submitted with No. 7865 (Second Carey Trust v. Helvering, ___ App.D.C. ___, 126 F.2d 526), in which our opinion was filed today. The main point in both cases is the same.

Petitioner was organized in June, 1933, as an express trust under the Oklahoma...

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