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UNITED STATES v. UNITED STATES BOARD OF TAX APPEALS

No. 7817.

125 F.2d 557 (1942)

UNITED STATES ex rel. DENHOLM & McKAY CO. v. UNITED STATES BOARD OF TAX APPEALS.

United States Court of Appeals for the District of Columbia.

Decided February 9, 1942.

Attorney(s) appearing for the Case

Mr. Howe P. Cochran, with whom Miss Margaret F. Luers, both of Washington, D. C., was on the brief, for appellant.

Mr. Lee A. Jackson, Special Assistant to the Attorney General, with whom Assistant Attorney General Clark and Messrs. J. Louis Monarch, Special Assistant to the Attorney General, and Edward M. Curran, United States Attorney, of Washington, D. C., were on the brief, and Mr. Sewall Key, Special Assistant to the Attorney General, entered an appearance, for appellee.

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

VINSON, Associate Justice.

The relator, appellant here, prayed for a writ of prohibition in the District Court directed to the Board of Tax Appeals, to prevent the Board from issuing a new order based upon a new opinion1 which reverses a previous decision in appellant's favor.2 Appellant concludes that the writ can be granted because it believes that the Board clearly has lost jurisdiction of its case. The...

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