GYRO ENGINEERING CORPORATION v. UNITED STATES

No. 22496.

417 F.2d 437 (1969)

GYRO ENGINEERING CORPORATION, a California corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 9, 1969.


Attorney(s) appearing for the Case

William Lee McLane (argued), Nola McLane of McLane & McLane, Phoenix, Ariz., for appellant.

David English Carmack (argued), Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Harry Baum, Attys., Dept. of Justice, Washington, D. C., Wm. Matthew Byrne, Jr., U. S. Atty., Loyal E. Keir, Robert T. Jones, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and von der HEYDT, District Judge.


KOELSCH, Circuit Judge:

The taxpayer, Gyro Engineering Corporation, appeals from a judgment of the district court denying its claim for refund of moneys paid pursuant to the Commissioner's determination of deficiencies in income tax for the years 1959 and 1960.

The dispute arose out of the transfer of three apartment house properties to Gyro by its two principal stockholders, Chris Mowry and Natalie, his wife.1 In reporting income...

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