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HART FURNITURE COMPANY v. COMMISSIONER OF INTERNAL REVENUE

No. 12998.

188 F.2d 968 (1950)

HART FURNITURE COMPANY, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

October 3, 1950.

Attorney(s) appearing for the Case

William T. Rogers, Jacksonville, Fla., for petitioner.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Black, Sp. Asst. to Atty. Gen., Charles Oliphant, Chief Counsel, Bureau of Internal Revenue, Charles E. Lowery, Sp. Atty., Bureau of Internal Revenue, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

PER CURIAM.

This cause came on to be heard upon the joint stipulation of counsel that the above entitled and numbered cause be reversed and the cause remanded to the Tax Court of the United States with direction to enter a decision in favor of the petitioner on the issue saved by the appeal to accord with the decisions in Kimbrell's Home Furnishings Co. v. Commissioner, 4 Cir., 159 F.2d 608; Busch's Kredit Jewelry Co. v. Commissioner...

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