L. T. CAMPBELL, INC. v. COMMISSIONER OF INTERNAL REVENUE

No. 11685.

159 F.2d 629 (1947)

L. T. CAMPBELL, Inc., et al. v. COMMISSIONER OF INTERNAL REVENUE. CAMPBELL v. SAME (two cases).

Circuit Court of Appeals, Fifth Circuit.

February 11, 1947.


Attorney(s) appearing for the Case

W. Edward Lee, of Tyler, Tex., for petitioners.

Louise Foster, Robert N. Anderson, and Sewall Key, Sp. Assts. to Atty. Gen. Douglas W. McGregor, Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, and Bernard D. Daniels, Sp. Atty., both of Bureau of Internal Revenue, both of Washington, D. C., for Commissioner of Internal Revenue.

Before HOLMES, McCORD, and WALLER, Circuit Judges.


HOLMES, Circuit Judge.

This petition for review involves income taxes for the calendar year 1941 and for part of the calendar year 1942. The question presented is whether the corporation conducted the business involved and, therefore, is taxable on the income earned therefrom under Section 13, of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 13.

Before the taxable period, the corporation was organized to take over the teaming and trucking business...

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