Denver Live Stock Com'n Co. v. Com'r of Internal Revenue

YAN YALKENBURGH, Circuit Judge.

This appeal is brought to review a decision of tbe United States Board of Tax Appeals which affirmed a ruling of tbe Commissioner of Internal Revenue determining a deficiency of $7,000.96 in income and excess profit taxes for tbe fiscal year ending May 31, 1920. Appellant seeks classification as a personal service corporation. Tbe only question involved is whether, under tbe statutory definition of such corporation, tbe capital of tbe company is a material income-producing factor.- The Board of Tax Appeals found that it was, and tbe judgment must be sustained if…