CONSUMER-FARMER MILK COOP. v. COMMISSIONER OF INT. R.

No. 9, Docket 21617.

186 F.2d 68 (1950)

CONSUMER-FARMER MILK COOPERATIVE, Inc., v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided December 27, 1950.


Attorney(s) appearing for the Case

Jacob Rabkin and Mark H. Johnson, New York City, for petitioner.

Theron Lamar Caudle, Asst. Atty. Gen., and Ellis N. Slack and Sumner M. Redstone, Special Assts. to the Atty. Gen., for respondent.

Before L. HAND, SWAN and CLARK, Circuit Judges.


SWAN, Circuit Judge.

The question presented by this appeal is whether the petitioner is exempt from liability for income tax under section 101(8) of the Internal Revenue Code, 26 U.S.C. A. § 101(8). If it is, section 727a of the Code, 26 U.S.C.A. § 727(a), grants exemption from excess profits tax. The Tax Court held it was not exempt under section 101(8) and accordingly determined the deficiencies now under review, $439.41 in declared value excess profits...

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