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CLARK v. WOODWARD CONSTRUCTION CO.

Nos. 3930, 3931.

179 F.2d 176 (1950)

CLARK, Collector of Internal Revenue, v. WOODWARD CONSTRUCTION CO. WOODWARD CONSTRUCTION CO. v. CLARK, Collector of Internal Revenue.

United States Court of Appeals Tenth Circuit.

January 3, 1950.

Attorney(s) appearing for the Case

Carleton Fox, Washington, D. C. (Theron Lamar Caudle, Assistant Attorney General; Ellis N. Slack, A. F. Prescott, and Harry Baum, Special Assistants to the Attorney General (John C. Pickett, United States Attorney and John S. Miller, Assistant United States Attorney, Cheyenne, Wyo., on the brief), for Frank G. Clark, Collector.

E. Keith Thomson, Cheyenne, Wyo. (James R. Felt, Billings, Montana, and Henderson & Thomson, Cheyenne, Wyo., on the brief), for Woodward Construction Co.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

These appeals involve income taxes of the Woodward Construction Company, herein called the taxpayer, for the years 1941 and 1942. In Number 3930, the trial court held in favor of the taxpayer and entered judgment accordingly, and the Collector has appealed. In Number 3931, the court held in favor of the Collector, and the taxpayer has appealed.

Number 3930

The facts in this case are as follows: On June 23, 1942, the State Highway...

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