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SOUTHERN HARDWOOD TRAFFIC ASSOCIATION v. UNITED STATES

No. 18819.

411 F.2d 563 (1969)

SOUTHERN HARDWOOD TRAFFIC ASSOCIATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 28, 1969.

Attorney(s) appearing for the Case

J. Edward Wise, Memphis, Tenn., for appellant, Hubert A. McBride and J. Edward Wise, Memphis, Tenn., on brief.

Stephen H. Hutzelman, Tax Division, Dept. of Justice, Washington, D. C., Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Jonathan S. Cohen, Attys., Dept. of Justice, Washington, D. C., for appellee Thomas L. Robinson, U. S. Atty., Memphis, Tenn., of counsel.

Before PECK, McCREE, and COMBS, Circuit Judges.

PER CURIAM.

The district court, sitting without a jury, dismissed a suit for refund of income taxes for the tax years 1960-62, and the taxpayer appeals. Taxpayer is an unincorporated association of individuals, partnerships, and corporations engaged in the manufacture or handling of wood products. Taxpayer's primary sources of revenue are membership dues and commissions received from collecting freight claims and transit refunds for its members individually. Since...

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