Opinion
No. 8268.
April 7, 1939.
Appeal from the United States Board of Tax Appeals.
Herbert S. Duffy, of Columbus, Ohio, and Parker Fulton, of Cleveland, Ohio, for petitioner.
James W. Morris, Asst. Atty. Gen., for respondent.
Before HICKS, SIMONS, and ALLEN, Circuit Judges.
It appearing to the court that the transcript of record in this cause was filed on July 25, 1938, and that no steps have been taken since that time to prosecute the appeal, it is ordered, on the court's own motion, that the appeal be and the same is hereby docketed and dismissed, the costs to be charged against the government as constructive earnings.