JEFFERSON LOAN COMPANY v. ARUNDELL

Nos. 15008, 15011.

273 F.2d 105 (1959)

JEFFERSON LOAN COMPANY, Inc., a corporation, Appellant v. Charles Rogers ARUNDELL et al., as Judges of The Tax Court of the United States, in their official capacities, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 10, 1959.


Attorney(s) appearing for the Case

Mr. Forrest M. Hemker, St. Louis, Mo., of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of court, with whom Mr. Monroe Oppenheimer, Washington, D. C., was on the brief, for appellant. Mr. James H. Heller, Washington, D. C., also entered an appearance for appellant.

Miss Louise T. Foster, Attorney, Department of Justice, with whom Messrs. Howard A. Heffron, Acting Asst. Atty. Gen. at the time the brief was filed, Oliver Gasch, U. S. Atty., Lee A. Jackson and A. F. Prescott, Jr., Attorneys, Department of Justice, were on the brief, for appellees. Asst. Atty. Gen. Charles K. Rice also entered an appearance for appellees in No. 15008.

Before EDGERTON, BAZELON and FAHY, Circuit Judges.


PER CURIAM.

In 1951 the Tax Court determined the tax liability of appellant, a Missouri corporation, for 1947 and 1948 on the basis of a stipulation between the corporation and the Commissioner of Internal Revenue. Payment was made accordingly. It was afterwards discovered that appellant's president had fraudulently concealed its financial condition from its stockholders and creditors, and that appellant had no taxable income for 1947 and 1948.

In 1955, after...

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