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HELVERING v. CANNON VALLEY MILLING CO.

No. 12206.

129 F.2d 642 (1942)

HELVERING, Com'r of Internal Revenue, v. CANNON VALLEY MILLING CO.

Circuit Court of Appeals, Eighth Circuit.

July 15, 1942.

Attorney(s) appearing for the Case

Benjamin M. Brodsky, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Kenneth Taylor, of Minneapolis, Minn. (R. T. Angell and Kingman, Cross, Morley, Cant & Taylor, all of Minneapolis, Minn., on the brief), for respondent.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

Taxpayer is a milling company which was subject to processing taxes under the Agricultural Adjustment Act of 1933, 7 U.S.C.A. § 601 et seq. It kept its books on the accrual basis and its fiscal year ended June 30th. It brought suit to test the validity of such taxes. The court ordered deposited with it — to await the result of the suit — such taxes collected by taxpayer from vendees of products processed and sold by it during...

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