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KEITH v. JOHNSON

No. 69.

3 F.2d 361 (1924)

KEITH v. JOHNSON.

Circuit Court of Appeals, Second Circuit.

November 21, 1924.

Attorney(s) appearing for the Case

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (Nelson T. Hartson and Thomas H. Lewis, Jr., both of Washington, D. C., and Wm. A. De Groot, of Brooklyn, N. Y., of counsel), for plaintiff in error.

Sidney V. Lowell, of Brooklyn, N. Y. (B. Mahler, Harrison Tweed, and Murray, Aldrich & Roberts, all of New York City, of counsel), for defendant in error.

Before HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

LEARNED HAND, District Judge.

The action is to recover from the collector of taxes the amount of a tax paid under protest. The defendant demurred to the complaint. The District Judge overruled the demurrer and gave judgment for the plaintiff. The case was thus:

The defendant died on March 24, 1917, and the plaintiff, his administratrix, filed an income tax return for the period of her administration in that year, from March 26th to December 31st, deducting...

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