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JOHN DANZ CHARITABLE TR. v. COMMISSIONER OF INT. REV.

No. 13608.

231 F.2d 673 (1955)

The JOHN DANZ CHARITABLE TRUST, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 14, 1956.

Attorney(s) appearing for the Case

F. A. LeSourd, Little, LeSourd, Palmer & Scott, Seattle, Wash., for petitioner.

H. Brian Holland, Asst. Atty. Gen., Melva M. Graney, Carolyn Just, Ellis N. Slack, Sp. Assts. to Atty. Gen., John Potts Barnes, Chief Counsel, Internal Revenue Service, Chicago, Ill., for respondent.

Before POPE and FEE, Circuit Judges, and CLARK, District Judge.

JAMES ALGER FEE, Circuit Judge.

The instant petition was filed to review a decision of the Tax Court, 18 T.C. 454, which ordered and decided that there were deficiencies in the income tax of petitioner for three years: 1943, 1944 and 1945. There are three questions presented:

"1. Whether the trust, which was authorized to and did conduct businesses for profit, was `organized and operated exclusively for * * * charitable * ...

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