Opinion · Court of Appeals for the Second Circuit

Nash-Breyer Motor Co. v. Commissioner

42 F.2d 192

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1930-06-09
Topic
commercial

PER CURIAM. This petition must be dismissed for lack of jurisdiction for the reasons given in Massachusetts Eire & Marine Insurance Co. v. Commissioner, 42 F.(2d) 189, handed down herewith. The facts are the same, except that the petitioner is a Delaware corporation, which filed its return in California. The ease is a more striking illustration of the possible consequences.

Citator

UpLaw has not yet analyzed Nash-Breyer Motor Co. v. Commissioner. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
PER CURIAM.

This petition must be dismissed for lack of jurisdiction for the reasons given in Massachusetts Eire & Marine Insurance Co. v. Commissioner, 42 F.(2d) 189, handed down herewith. The facts are the same, except that the petitioner is a Delaware corporation, which filed its return in California. The ease is a more striking illustration of the possible consequences. We should have to find very solid reasons for supposing that Congress intended to impose upon us at the will of the parties a controversy which for obvious reasons properly belongs either in the Ninth circuit, or in the District of Columbia. We may repeat here as well, however, that in fact the petitioner has suffered nothing from dismissal.

Petition dismissed for lack of jurisdiction.