Commissioner of Internal Revenue v. Valley Morris Plan, Formerly the Stockton Morris Plan Company, Commissioner of Internal Revenue v. The Morris Plan Company of California

305 F.2d 610 62-1 USTC P 9495 , 62-2 USTC P 9596 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. VALLEY MORRIS PLAN, formerly The Stockton Morris Plan Company, Respondent. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. The MORRIS PLAN COMPANY OF CALIFORNIA, Respondent. Nos. 17016, 17135. United States Court of Appeals Ninth Circuit. May 22, 1962, As Amended on Denial of Rehearing June 29, 1962. Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Joseph Kovner, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Joseph Kovner, Atty. Dept. Justice, Washington, D.C., for petitioner. 1 Harold J. Willis, Stockton, Cal., for respondent, Valley Morris Plan. 2 F. Daniel Frost, John J. Waller, Gibson, Dunn & Crutcher, Los Angeles, Cal., for respondent, Morris Plan Co. 3 Before HAMLIN and MERRILL, Circuit Judges, and FOLEY, District Judge. 4 FOLEY, District Judge. 5 We have before us two separate petitions to review two decisions of the Tax Court of the United States. With one exception, an identical question was involved and while the cases were briefed separately, they were united for argument. We will endeavor to dispose of them in a single…