UNITED STATES v. JOHNSON

No. 15737.

257 F.2d 530 (1958)

UNITED STATES of America, Appellant, v. Pete JOHNSON, F. Douglas Mavor, Jane Kendle Mavor, Nelson T. Bruce, and Cleo Bruce, Appellees.

United States Court of Appeals Ninth Circuit.

July 7, 1958.


Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Marvin W. Weinstein, Robert N. Anderson, Lee A. Jackson, Attorneys, Department of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., Seattle, Wash., for appellant.

Wright, Innis, Simon & Todd, Arthur E. Simon, Seattle, Wash., for appellees.

Before POPE, BARNES, and HAMLEY, Circuit Judges.


HAMLEY, Circuit Judge.

This action was brought to recover tax deficiencies, assessed and paid, for the year 1948. Judgment was entered for plaintiffs, and the Government appeals.

The single question presented here is whether, in exercising their right to cut certain timber, the taxpayers were cutting timber "for sale," within the meaning of § 117(k) (1) of the Internal Revenue Code of 1939, 26 U.S.C.A. (1939), § 117(k) (1). If so, as all concede...

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