METROPOLITAN BUILDING COMPANY v. C. I. R.

No. 16609.

282 F.2d 592 (1960)

METROPOLITAN BUILDING COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

September 2, 1960.


Attorney(s) appearing for the Case

James W. Johnston, Seattle, Wash., for petitioner on review.

Graham, Green & Dunn, Seattle, Wash., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Carter Bledsoe, Attys., Dept of Justice, Washington, D. C., for respondent.

Before HAMLIN and MERRILL, Circuit Judges, and WOLLENBERG, District Judge.


MERRILL, Circuit Judge.

The question presented by this case involves the owner of real property, his lessee and a sublessee. The sublessee wished to enter into a desirable arrangement directly with the owner and to this end to eliminate the intervening interest of the lessee-sublessor. He paid a sum of money to the lessee, in consideration of which the lessee released to the owner, his lessor, all his right and interest under his lease.

The question presented...

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