PACIFIC GRAPE PROD. CO. v. COMMISSIONER OF INT. REV.

No. 13561.

219 F.2d 862 (1955)

PACIFIC GRAPE PRODUCTS CO., a Corporation, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

February 10, 1955.


Attorney(s) appearing for the Case

Samuel Taylor, Walter G. Schwartz, San Francisco, Cal., Andrew W. Kopperud, Chicago, Ill., for petitioner.

H. Brian Holland, Asst. Atty. Gen., Loring W. Post, A. F. Prescott, Meyer Rothwacks, Ellis N. Slack, Sp. Assts. to Atty. Gen., Charles W. Davis, Chief Counsel, Internal Revenue Service, Washington, D. C., for respondent.

Before DENMAN, Chief Judge, and STEPHENS and POPE, Circuit Judges.


POPE, Circuit Judge.

Petitioner is a canner of fruit and fruit products. It regularly billed its customers for all goods ordered by them, but not yet shipped and remaining in petitioner's warehouse, on December 31 in each year. It accrued upon its books the income from the sales of such unshipped goods in the taxable years ending on the days of such billing. On the same date it also credited to the accounts of brokers the brokerage due on account of sales of such...

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