SCOFIELD v. SAN ANTONIO TRANSIT COMPANY

No. 14784.

219 F.2d 149 (1954)

Frank SCOFIELD, Collector of Internal Revenue, Appellant, v. SAN ANTONIO TRANSIT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 18, 1955.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., Davis W. Morton, Jr., Asst. Atty. Gen., Hilbert P. Zarky, Sp. Asst. to Atty. Gen., for appellant.

Robert F. Ritchie, Robert Allan Ritchie, Dallas, Tex., Leslie Byrd, San Antonio, Tex., Lang, Byrd, Cross & Ladon, San Antonio, Tex., Goggans & Ritchie, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and DAWKINS, District Judge.


DAWKINS, District Judge.

The Collector has appealed from an adverse judgment of the District Court in the taxpayer's suit for recovery of alleged illegally collected income, declared value excess profits and excess profits taxes for the fiscal year ending May 31, 1943.

The pertinent facts (stipulated in detail to the trial court) are as follows: Smith Brothers Properties Company, a Texas corporation (hereinafter called the old corporation) owned certain realty...

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