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C. I. R. v. SOUTH LAKE FARMS, INC.

Nos. 18018, 18019.

324 F.2d 837 (1963)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SOUTH LAKE FARMS, INC., Respondent. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SOUTH LAKE FARMS, Respondent.

United States Court of Appeals Ninth Circuit.

November 22, 1963.

Attorney(s) appearing for the Case

John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, David O. Walter, and David I. Granger, Attorneys, Department of Justice, Washington, D. C., for petitioner.

Henry D. Costigan, Gordon M. Weber, and John B. Lowry, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for respondents.

Before HAMLIN and DUNIWAY, Circuit Judges, and JAMES M. CARTER, District Judge.

DUNIWAY, Circuit Judge.

The Commissioner of Internal Revenue seeks review of a decision of the Tax Court. That decision is reported at 36 T.C. 1027 (1961). The underlying facts are not disputed; most of them were stipulated. They are fully set forth in the findings of the Tax Court and are not attacked by the Commissioner, and we therefore do not repeat them here. We are of the opinion that the decision

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