Commissioner v. Isaac Winkler & Bro. Co.

DENISON, Circuit Judge.

The Board of Tax Appeals held that, as to certain income received in 1918, the taxpayer corporation was a “personal service corporation,” within the meaning of section 200 of the Revenue Act of 1918 (40 Stat. 1058), and hence was entitled to have its tax computed under the provisions of section 303 (40 Stat. 1089). In order to justify this conclusion, it was necessary to find three things (now disputed): First, that the income in question was derived from a distinctly separate branch of the trade or business; second, that the income of this separate branch was to be…