LAWRENCE v. COMMISSIONER OF INTERNAL REVENUE

No. 10449.

143 F.2d 456 (1944)

LAWRENCE et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

June 13, 1944.


Attorney(s) appearing for the Case

V. V. Pendergrass and R. R. Bullivant, both of Portland, Or., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, A. F. Prescott, Newton K. Fox, and Maryhelen Wigle, Sp. Assts. to the Atty. Gen., for respondent.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.


WILBUR, Circuit Judge.

This matter is before us on a petition to review a decision of the Tax Court of the United States determining that a deficiency of $1,147.24 exists in the income tax for 1937 of the estate of George Lawrence, deceased. The question raised is whether a dividend of $17,505 paid to the decedent by the George Lawrence Company, an Oregon corporation, was paid out of earnings of the corporation and so constituted taxable income to decedent, as the...

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