COMMISSIONER OF INTERNAL REVENUE v. CLARION OIL CO.

No. 8586.

148 F.2d 671 (1945)

COMMISSIONER OF INTERNAL REVENUE v. CLARION OIL CO.

United States Court of Appeals District of Columbia.

Decided March 12, 1945.

Writ of Certiorari Denied June 18, 1945.


Attorney(s) appearing for the Case

Mr. Hilbert P. Zarky, of Washington, D. C., of the Bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of court, with whom Assistant Attorney General Samuel O. Clark, Jr., and Messrs. Sewall Key and Warren F. Wattles, Special Assistants to the Attorney General, were on the brief, for petitioner. Messrs. J. P. Wenchel, Chief Counsel, and Rollin H. Transue, Special Attorney, of the Bureau of Internal Revenue, both of Washington, D. C., also entered appearances for petitioner.

Mr. Floyd F. Toomey, of Washington, D. C., with whom Messrs. Ellsworth C. Alvord and C. Rudolf Peterson, both of Washington, D. C., were on the brief, for respondent.

Before GRONER, Chief Justice, and MILLER and ARNOLD, Associate Justices.


Writ of Certiorari Denied June 18, 1945. See 65 S.Ct. 1580.

GRONER, C. J.

This is a petition on behalf of the Commissioner to review a decision of the Tax Court in a case involving a personal holding company surtax determined by the Commissioner, but rejected by the Tax Court, for the calendar year 1937. Taxpayer was incorporated in 1911 for the purpose of "the establishment and maintenance of an oil company with authority to contract for the lease and purchase...

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