Opinion

Zellerbach Paper Co. v. Commissioner

26 B.T.A. 96

Court: United States Board of Tax Appeals
Filed: May 17, 1932
Status: Published
Author: Fossan
On the bench: Fossan, Marquette, Murdock
Cited by: 0 cases

The opinion

Van Fossan,

dissenting: I am unable to agree with the prevailing opinion in these cases. The conclusions of the Board have been tested by appeal to the courts on three occasions and in each case the Board has been reversed. Valentine-Clark Co., 14 B. T. A. 562; reversed, 52 Fed. (2d) 346; Isaac Goldmann Co., 17 B. T. A. 1103; reversed, 51 Fed. (2d) 427; Myles Salt Co., 18 B. T. A. 742; reversed, 49 Fed. (2d) 232. I believe the position taken by the Board in these and like cases has been erroneous and that in the instant case the petitioners should prevail.

Marquette agrees with this dissent.

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