BARNHART-MORROW CONSOL. v. COMMISSIONER OF INT. REV.

No. 10806.

150 F.2d 285 (1945)

BARNHART-MORROW CONSOLIDATED v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing August 6, 1945.


Attorney(s) appearing for the Case

Harold C. Morton and Leon B. Brown, both of Los Angeles, Cal., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, A. F. Prescott, Leonard Sarner and Hilbert P. Zarky, Sp. Assts. to Atty. Gen., for respondent.

Before DENMAN, STEPHENS and BONE, Circuit Judges.


DENMAN, Circuit Judge.

Taxpayer and petitioner Barnhart-Morrow Consolidated seeks review of the decision of the Tax Court sustaining the determination of deficiencies in taxpayer's income tax for the calendar years 1936 and 1937. That decision is contended to be erroneous in respect to four separate issues.

A. The first is as to taxpayer's claim that the Tax Court erred in holding that as to the year 1936 taxpayer had not maintained its burden of proof that...

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