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UNITED STATES v. GENERAL SHOE CORPORATION

No. 13914.

282 F.2d 9 (1960)

UNITED STATES of America, Plaintiff-Appellant, v. GENERAL SHOE CORPORATION, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 2, 1960.

Attorney(s) appearing for the Case

Meyer Rothwacks, Washington, D. C., for appellant, Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Davis O. Walter, Attys., Dept. of Justice, Washington, D. C., and Fred Elledge, Jr., U. S. Atty., Nashville, Tenn., on the brief.

William Waller, Nashville, Tenn., for appellee.

Before McALLISTER, Chief Judge, POPE, Circuit Judge, and THORNTON, District Judge.

THORNTON, District Judge.

The facts in this tax case are not in dispute in any degree important to disposition on appeal.

The issue here for determination is new to this Court except perhaps for an apparent similarity between it and that present in a case decided by this Court May 31, 1960.1 We believe that there is a distinction of a fundamental nature between that case and this one. We shall advert to this distinction later on...

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