RAYTHEON PRODUCTION CORP. v. COMMISSIONER OF INT. REV.

No. 3956.

144 F.2d 110 (1944)

RAYTHEON PRODUCTION CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, First Circuit.

Writ of Certiorari Denied November 20, 1944.


Attorney(s) appearing for the Case

Edward C. Thayer, of Boston, Mass., for petitioner.

Newton K. Fox, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and J. Louis Monarch, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


Writ of Certiorari Denied November 20, 1944. See 65 S.Ct. 192.

MAHONEY, Circuit Judge.

This case presents the question whether an amount received by the taxpayer in compromise settlement of a suit for damages under the Federal Anti-Trust Laws, 15 U.S.C.A. § 1 et seq., is a non-taxable return of capital or income. If the recovery is non-taxable, there is a second question as to whether the Tax Court erred in holding that there was insufficient evidence...

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