Ma-King Products Co. v. Blair, 271 U.S. 479 (1926)

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. Under the Prohibition Act, the Commissioner of Internal Revenue may refuse to grant a permit to deal in liquor for nonbeverage purposes when, in the exercise of a sound discretion, he determines that the applicant is not a fit person to be trusted with the privilege. P. 481.

2. In a suit in equity under the Prohibition Act to review a decision of the Commissioner refusing such an application, the court does not exercise the administrative function of determining whether the permit should be granted, but merely determines whether, upon the facts and law, the action of the Commissioner is based upon an error of law, or is wholly unsupported by the evidence, or clearly arbitrary or capricious. P. 482.

3 F.2d 936 affirmed.

Appeal from a decree of the circuit court of appeals which affirmed a decree of the district court dismissing a bill in a suit against the Commissioner of Internal Revenue to require him to issue to the plaintiff a permit to operate a plant for denaturing alcohol.