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UNITED STATES v. FEDERAL EMPLOYEES' DISTRIBUTING CO.

No. 18321.

322 F.2d 891 (1963)

UNITED STATES of America, Appellant, v. FEDERAL EMPLOYEES' DISTRIBUTING COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 24, 1963.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Ralph A. Muoio, and Gilbert Andrews, Attys., Dept. of Justice, Washington, D. C., and Francis C. Whelan, U. S. Atty., Walter S. Weiss, Asst. U. S. Atty., Chief, Tax Section, and Thomas H. McPeters, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Butterworth & Smith, and Edward L. Butterworth, and Deibert, Kumler, Burford & Green, Los Angeles, Cal., for appellee.

Before ORR, HAMLIN and DUNIWAY, Circuit Judges.

HAMLIN, Circuit Judge.

This action involves federal income taxes and statutory interest for the period July 1, 1956, to December 31, 1956, in the amount of $46,171.47 and for the calendar year 1957 in the amount of $107,583.94. The United States District Court for the Southern District of California awarded a judgment in favor of the taxpayer1 and the government has appealed therefrom.

Federal Employees' Distributing Company (appellee...

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