Keating-Snyder Trust v. Commissioner of Internal Rev.

McCORD, Circuit Judge,

The petition for review involves income tax for the calendar year 1936. The question for decision is whether the Commissioner and the Board of Tax Appeals erred in determining that the petitioner, Keat-ing-Snyder Trust, J. Zeppa, Trustee, is an association taxable as a corporation within the meaning and intendment of § 1001(a) (2) of the Revenue Act of 1936, 26 U.S. C.A. Int.Rev.Acts, page 971, and Articles 1001-1-2-3-4 of Treasury Regulations 94 promulgated thereunder.

In August, 1933, J. Zeppa, who was engaged in the business of drilling oil wells in Texas, visited New…