SEATTLE RENTON LUMBER CO. v. UNITED STATES

No. 10274.

135 F.2d 989 (1943)

SEATTLE RENTON LUMBER CO. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

May 24, 1943.


Attorney(s) appearing for the Case

Weter, Roberts & Shefelman, of Seattle, Wash., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Helen R. Carloss, Maryhelen Wigle, and Helen Goodner, Sp. Assts. to Atty. Gen., and J. Charles Dennis, U. S. Atty., and Thomas R. Winter, Sp. Asst. to Chief Counsel, B. I. R., both of Seattle, Wash., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

This appeal is from an adverse judgment in a suit to recover income and excess profits taxes paid under protest. The question for determination is whether the taxpayer — appellant — received income from the operation of a lumber mill subsequent to June 30, 1933, at which time it undertook to dispose of all its operating property to its stockholders.

The taxpayer was incorporated in 1929 under the Washington laws, after which...

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