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TIME OIL COMPANY v. COMMISSIONER OF INTERNAL REVENUE

No. 15444.

258 F.2d 237 (1958)

TIME OIL COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

July 30, 1958.

Attorney(s) appearing for the Case

Jones & Grey, A. R. Kehoe, Hargrave A. Garrison, II, Seattle, Wash., for petitioner.

Charles K. Rice, Asst. Atty. Gen., Helen Buckley, Ellis N. Slack, Robert N. Anderson, Marvin W. Weinstein, Attys., Dept. of Justice, Washington, D. C., for respondent.

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

CHAMBERS, Circuit Judge.

The first question on this review is whether management and management's trustees have so clumsily handled pension trust funds supplied by the Time Oil Company as to cause it to lose the tax advantages to which it presumptively was entitled, the trust having been previously approved by the Commissioner of Internal Revenue under Section 165 (a) of the 1939 Internal Revenue Code, as amended, 56 Stat. 862, 26 U.S.C.A. § 165(a). The tax court...

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