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EARLE v. BABLER

Nos. 12317-12319.

180 F.2d 1016 (1950)

EARLE, Collector of Internal Revenue, v. BABLER et al. EARLE, Collector of Internal Revenue, v. CONLEY et al. (two cases).

United States Court of Appeals Ninth Circuit.

March 13, 1950.

Attorney(s) appearing for the Case

Theron Lamar Caudle, Asst. Atty. Gen., Elis N. Slack, A. F. Prescott, George D. Webster and Irving I. Axelrad, Sp. Assts. to Atty. Gen., Wash., D. C., Henry L. Hess, U. S. Attorney, Victor E. Harr, Asst. U. S. Attorney, Portland, Or., for appellant.

Carl E. Davidson and Charles P. Duffy, Portland, Or., for appellees.

Before STEPHENS, ORR and POPE, Circuit Judges.

ORR, Circuit Judge.

In these actions appellees have been awarded judgments for various amounts assessed and collected from them as transportation taxes under § 3475 of the Internal Revenue Code, 26 U.S.C.A. § 3475.1

Appellees, who were general contractors, undertook the construction and resurfacing of certain roads and airports, which work required the transporting of bulk construction materials from stockpiles and quarries...

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