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BRUMLEY-DONALDSON COMPANY v. COMMISSIONER OF INT. REV.

No. 25143.

443 F.2d 501 (1971)

BRUMLEY-DONALDSON COMPANY, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Ninth Circuit.

May 12, 1971.

Attorney(s) appearing for the Case

Earl C. Crouter (argued), Los Angeles, Cal., for appellant.

Leonard J. Henzke, Jr. (argued), Meyer Rothwacks, Lee A. Jackson, Attys., Johnnie M. Walters. Asst. Atty. Gen., Tax Div., K. Martin Worthy, Chief Counsel, IRS, Washington, D.C., for appellee.

Before BARNES, DUNIWAY and TRASK, Circuit Judges.

BARNES, Circuit Judge:

Taxpayer, Brumley-Donaldson Co., seeks review of the decision of the Tax Court (T.C. Memo. 1969-183) upholding the Commissioner's assessment of $4,172.36 tax deficiency for the taxpayer's taxable year ended June 30, 1960. Jurisdiction of this Court is based on Sections 7482 and 7483 of the Internal Revenue Code of 1954.

Both parties agree that the basic facts of this case are essentially as found...

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