BOSTON & M. R. R. v. UNITED STATES

No. 2234.

23 F.2d 343 (1927)

BOSTON & M. R. R. v. UNITED STATES.

District Court, D. Massachusetts.

December 20, 1927.


Attorney(s) appearing for the Case

Thornton Alexander, of Boston, Mass., for plaintiff.

J. M. Leinenkugee, Sp. Asst. U. S. Atty., of Washington, D. C.


LOWELL, District Judge.

This case was selected from several other similar ones to test the question whether the payment of the federal income tax under a lease which provided for the payment of all taxes by the lessee subjects the lessor to a further tax on the sum of money so paid.

The case was tried on a stipulation of facts, which was essentially a restatement of the plaintiff's declaration. The following statement...

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