HELVERING v. SYNDICATE VARIETIES

No. 8458.

140 F.2d 344 (1944)

HELVERING, Com'r of Internal Revenue, v. SYNDICATE VARIETIES, Limited.

United States Court of Appeals District of Columbia.

Decided January 24, 1944.


Attorney(s) appearing for the Case

Mr. Joseph M. Jones, Special Assistant to the Attorney General, with whom Messrs. Samuel O. Clark, Jr., Assistant Attorney General, Sewall Key and J. Louis Monarch, Special Assistants to the Attorney General, were on the brief, for petitioner. Messrs. J. P. Wenchel, Chief Counsel, and Charles E. Lowery, Special Attorney, Bureau of Internal Revenue, both of Washington, D. C., also entered appearances for petitioner.

Mr. Henry Ravenel, of Washington, D. C., with whom Messrs. Lawrence A. Baker, of Washington, D. C., and John F. McCabe, of New York City, were on the brief, for respondent.

Before MILLER, EDGERTON, Associate Justices, and DOBIE, Circuit Judge.


DOBIE, Circuit Judge.

The facts in this case were stipulated as follows:

"1. Syndicate Varieties (hereinafter called taxpayer), is a corporation organized under the laws of Great Britain with its principal office at Cranbourn Mansions, Cranbourn, London, W. C. 2, England. During the year 1936 it did not have an office or place of business nor was it engaged in trade or business within the United States.

"2. During the last half of the year

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