Commissioner of Internal Revenue v. N. B. Whitcomb Coca-Cola Syndicate

SIBLEY, Circuit Judge.

The Commissioner of Internal Revenue assessed corporation income taxes against N. B. Whitcomb Coca-Cola Syndicate as an association upon its profitable operations in the early months of the year 1930. The subscribers to the Syndicate denied that they were a taxable association, and claimed to have had a joint adventure with a manager, and that they are to be classed under the tax laws as a partnership rather than a corporation. The Board of Tax Appeals held that the Syndicate was not an association, and we agree.

The facts were stipulated. Sixty-five individuals and…