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GENERAL MANAGEMENT CORP. v. COM'R OF INT. REVENUE

No. 8115.

135 F.2d 882 (1943)

GENERAL MANAGEMENT CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 6, 1943.

Attorney(s) appearing for the Case

Carl Meyer, Benjamin A. Ragir, Harry Thom, and Alfred M. Rogers, all of Chicago (Mayer, Meyer, Austrian & Platt, of Chicago, of counsel), for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., J. P. Wenchel and Chas. E. Lowery, Bureau of Internal Revenue, both of Washington, D. C., and Muriel S. Paul, Sewall Key, and Carlton Fox, Sp. Assts. to the Atty. Gen., for respondent.

Before KERNER, MINTON, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Petitioner questions a decision of the Tax Court declaring it a personal holding company in the taxable year 1938, for the reason that more than 80 per cent of its gross income for that year constituted "personal service corporate income" within the meaning of Section 402 of the Revenue Act of 1938, 26 U.S.C.A. Int.Rev. Code, § 501. The propriety of the decision depends wholly upon whether a contract with United Printers and Publishers...

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