SPOKANE DRY GOODS CO. v. COMMISSIONER OF INTERNAL REV.

No. 9856.

125 F.2d 865 (1942)

SPOKANE DRY GOODS CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

February 18, 1942.


Attorney(s) appearing for the Case

Roger L. Shidler, of Seattle, Wash., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Louise Foster, and Arthur A. Armstrong, Sp. Assts. to Atty. Gen., for respondent.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City as Amici Curiae (H. Maurice Fridlund, James R. Roberts, and Edward L. Stevens, Jr., all of New York City, of counsel), amici curiae.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This proceeding is upon petition to review a decision of the United States Board of Tax Appeals. The Commissioner of Internal Revenue determined against petitioner a deficiency in its income tax return for the calendar year 1938, in the amount of $479.75. The Board upheld the Commissioner and petitioner appeals.

Petitioner is a corporation of the State of Washington. In 1936 its board of directors declared a dividend on its common stock...

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