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Pacific Ins. Co. v. United States

United States Court of Appeals, Ninth Circuit
Mar 16, 1951
188 F.2d 571 (9th Cir. 1951)

Opinion

No. 12686.

March 16, 1951.

Milton Cades, Urban E. Wild, Honolulu, T.H. (Smith, Wild, Beebe Cades, Honolulu, T.H., of counsel), for appellant.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Homer R. Miller and Harry Marselli, Spc. Assts. to the Atty. Gen., Ray J. O'Brien, U.S. Atty., Honolulu, T.H., for appellee.

Before McALLISTER and ORR, Circuit Judges, and GOODMAN, District Judge.

Sixth Circuit, sitting by special designation.


The Court below, upon the authority of our decision in Pacific Employers Ins. Co. v. Commissioner of Internal Revenue, 89 F.2d 186, which involved the same question posed in the instant cause, dismissed the complaint. D.C., 90 F. Supp. 328.

Because of newly discovered facts concerning the legislative history of § 204 of the Internal Revenue Code, 26 U.S.C.A. § 204, alleged not to have been before us in Pacific Employers Ins. Co. v. Commissioner, supra, and which were considered in New Hampshire Fire Ins. Co. v. Commissioner of I.R., 2 T.C. 708, affirmed 1 Cir., 146 F.2d 697, and in United States v. Fidelity Deposit Co. of Maryland, 4 Cir., 177 F.2d 805, decided contra to our Pacific Employers case, appellants ask us to reverse the District Court and our own Pacific Employers case.

The new legislative history referred to is an isolated excerpt from a statement made by a witness before the congressional committee considering the legislation. As such, in our opinion, it is not entitled to consideration in determining legislative intent. Nor, in substance, does it indicate the intent claimed for it.

Consequently we re-affirm our decision in Pacific Employers Ins. Co. v. Commissioner of I.R., supra, and affirm the judgment below.


Summaries of

Pacific Ins. Co. v. United States

United States Court of Appeals, Ninth Circuit
Mar 16, 1951
188 F.2d 571 (9th Cir. 1951)
Case details for

Pacific Ins. Co. v. United States

Case Details

Full title:PACIFIC INS. CO., Limited, v. UNITED STATES

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 16, 1951

Citations

188 F.2d 571 (9th Cir. 1951)

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