Cooper Foundation, a Corporation v. George W. O'Malley

COLLET, Circuit Judge.

The Cooper Foundation, a charitable corporation, brought this action in the District Court of Nebraska to recover $84,980.36 paid for income taxes for the year 1943. From an adverse judgment it prosecutes this appeal.

Prior to July 6, 1943, the Ute Theatre in Colorado Springs, Colorado, was owned by the Rialto corporation and was then under lease to the Interstate corporation, which latter corporation was op erating it. One-half of the stock of Interstate was owned by Mr. J. H. Cooper, who had established the Cooper Foundation and was active in its management. The other…