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BURTON-SUTTON OIL CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 11871.

161 F.2d 558 (1947)

BURTON-SUTTON OIL CO., Inc., v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

May 9, 1947.

Attorney(s) appearing for the Case

Norman F. Anderson, Elias R. Kaufman, and W. W. Thompson, all of Lake Charles, La., for petitioner.

Hilbert P. Zarky and Helen R. Carloss, Sp. Assts. to Atty. Gen., Sewall Key, Acting Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Charles E. Lowery, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., contra.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

PER CURIAM.

This case was reviewed by this court in Burton-Sutton Oil Co. v. Commissioner, 5 Cir., 150 F.2d 621, and on certiorari by the Supreme Court, 328 U.S. 25, 66 S.Ct. 861, 90 L.Ed. 1062, 162 A.L.R. 827. The outcome was a remand to the Tax Court by this court "for further proceedings in conformity with the opinion of the Supreme Court," and a command "that such execution and further proceedings...

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