Frank v. International Canadian Corporation

308 F.2d 520 62-2 USTC P 9726 William E. FRANK, District Director of Bureau of Internal Revenue for the District of Washington, Appellant, v. INTERNATIONAL CANADIAN CORPORATION and Pennsalt Chemicals Corporation, Appellees. No. 17545. United States Court of Appeals Ninth Circuit. Sept. 19, 1962. John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, Gilbert E. Andrews, Arthur I. Gould, and C. Moxley Featherston, Attys., Dept. of Justice, Washington, D.C., and Brockman Adams, U.S. Atty., Tacoma, Wash., for the appellant. Eisenhower & Carlson, and John J. Reha, Jr., Tacoma, Wash., Anderson, Rush, Ward & Dean, and Stephen T. Dean, Orlando, Fla., Montgomery, McCraken, Walker & Rhoads, and Frank S. Deming, Philadelphia, Pa., for the appellee. Before BARNES and JERTBERG, Circuit Judges, and BOWEN, District Judge. BARNES, Circuit Judge. 1 This appeal involves federal income taxes of two corporations. From which is the government entitled to collect? One has, by law, a preferential income tax basis over the other. 2 Plaintiff-appellee International Canadian Corporation (hereinafter referred to as 'International') paid $84.692.91 in taxes as reported on its timely return…