DISTRICT OF COLUMBIA v. CITIES SERVICE OIL COMPANY

No. 14238.

258 F.2d 426 (1958)

DISTRICT OF COLUMBIA, Petitioner, v. CITIES SERVICE OIL COMPANY, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1958.


Attorney(s) appearing for the Case

Mr. Leo J. Ehrig, Jr., Asst. Corp. Counsel for the District of Columbia, with whom Mr. Chester H. Gray, Corp. Counsel, Mr. Milton D. Korman, Principal Asst. Corp. Counsel, and Mr. Henry E. Wixon, Asst. Corp. Counsel, were on the brief, for petitioner.

Mr. George H. Colin, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Kahl K. Spriggs, Washington, D. C., was on the brief, for respondent.

Before EDGERTON, Chief Judge, and PRETTYMAN and FAHY, Circuit Judges.


PER CURIAM.

This is a petition to review a decision of the District of Columbia Tax Court. It concerns the local corporate franchise tax on the privilege of carrying on business and receiving income from sources within the District. The statute provides that the words "trade or business", as used therein, shall not include sales of tangible personal property by a corporation "which does not physically have or maintain an office, warehouse, or other place of business...

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