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PHILIP HENRICI CO. v. REINECKE

No. 34966.

3 F.2d 34 (1924)

PHILIP HENRICI CO. v. REINECKE, Internal Revenue Collector.

District Court, N. D. Illinois, E. D.

December 19, 1924.

Attorney(s) appearing for the Case

Winston, Strawn & Shaw, of Chicago, Ill. (Silas H. Strawn, James H. Winston, and Richard Hollen, all of Chicago, Ill., of counsel), for plaintiff.

Edwin A. Olson, U. S. Atty., of Chicago, Ill., and Nelson T. Hartson, Sol. of Internal Revenue, and Edward C. Lake, both of Washington, D. C., for defendant.

ALSCHULER, Circuit Judge.

The issue is on demurrer to the declaration, which alleges that plaintiff was and is occupying in and for carrying on its business the premises in Chicago demised to it by lease of December 1, 1902, to expire April 30, 1928, at a rental of $24,000 per annum to April 30, 1921, and $26,000 per annum to expiration; that on March 1, 1913, the lease had a fair market value of not less than $370,000; that for each of the taxable years 1918, 1919...

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