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COOPER FOUNDATION v. O'MALLEY

No. 15162.

221 F.2d 279 (1955)

COOPER FOUNDATION, a corporation, Appellant, v. George W. O'MALLEY, Appellee.

United States Court of Appeals Eighth Circuit.

April 21, 1955.

Attorney(s) appearing for the Case

John C. Mason, Lincoln, Neb. (Maxwell V. Beghtol, Kenneth E. Anderson, Richard A. Knudsen, Roger V. Dickeson, Lincoln, Neb., and Richard L. Berkheimer, Gordon, Neb., on the brief), for appellant.

Philip R. Miller, Sp. Asst. to Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky, David O. Walter, Sp. Assts. to Atty. Gen., and Donald R. Ross, U. S. Atty., Omaha, Neb., on the brief), for appellee.

Before GARDNER, Chief Judge, and COLLET and VAN OOSTERHOUT, Circuit Judges.

COLLET, Circuit Judge.

The Cooper Foundation, a charitable corporation, brought this action in the District Court of Nebraska to recover $84,980.36 paid for income taxes for the year 1943. From an adverse judgment it prosecutes this appeal.

Prior to July 6, 1943, the Ute Theatre in Colorado Springs, Colorado, was owned by the Rialto corporation and was then under lease to the Interstate corporation, which latter corporation was operating

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