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Burton-Sutton Oil v. C.I.R

Circuit Court of Appeals, Fifth Circuit
Jun 5, 1946
168 F.2d 903 (5th Cir. 1946)

Opinion

No. 11275.

June 5, 1946.

Norman F. Anderson, Elias R. Kaufman, and W.W. Thompson, all of Lake Charles, La., for petitioner.

Bernard Chertcoff, Hilbert P. Zarky and J. Louis Monarch, Sp. Assts. to Atty. Gen., Sewall Key, Acting Asst. Atty. Gen., and J.P. Wenchel, Chief Counsel, Bureau Internal Revenue, and Charles E. Lowery, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., for respondent.

Petition for Review of Decision of the Tax Court of the United States (District of Louisiana).

Conforming to mandate, 328 U.S. 25, 66 S.Ct. 861, 90 L.Ed. 1062, 162 A.L.R. 827.

See also 161 F.2d 558.

Before HOLMES, McCORD, and LEE, Circuit Judges.


Whereas, in cause No. 11275, between Burton-Sutton Oil Company, Incorporated, petitioner, and Commissioner of Internal Revenue, respondent, a judgment was entered by this Court on July 6, 1945, 150 F.2d 621, affirming the decision of The Tax Court, 3 T.C. 1187, of the United States; and

Whereas, on April 22, 1946, the Supreme Court of the United States reversed the judgment of this Court, and issued its mandate to this Court remanding said cause for further proceedings in conformity with the opinion of that Court; now, therefore,

It is ordered that the decision of the said Tax Court of the United States be, and the same is hereby, reversed; and that this cause be, and it is hereby, remanded to the said Tax Court of the United States for further proceedings in conformity with the opinion of the Supreme Court of the United States.


Summaries of

Burton-Sutton Oil v. C.I.R

Circuit Court of Appeals, Fifth Circuit
Jun 5, 1946
168 F.2d 903 (5th Cir. 1946)
Case details for

Burton-Sutton Oil v. C.I.R

Case Details

Full title:BURTON-SUTTON OIL COMPANY, Incorporated, v. COMMISSIONER OF INTERNAL…

Court:Circuit Court of Appeals, Fifth Circuit

Date published: Jun 5, 1946

Citations

168 F.2d 903 (5th Cir. 1946)