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GRANT v. ROSE

Nos. 912, 913.

24 F.2d 115 (1928)

GRANT et al. v. ROSE, Collector of Internal Revenue.

District Court, N. D. Georgia.

January 30, 1928.

Attorney(s) appearing for the Case

Slaton & Hopkins, of Atlanta, Ga., and Richard H. Wilmer, of Washington, D. C., for plaintiffs.

C. P. Goree, Asst. U. S. Atty., of Atlanta, Ga., and O. R. McGuire, Sp. Asst. Atty. Gen., for defendant.

SIBLEY, District Judge.

J. T. Rose, as Collector of Internal Revenue, demurs to two suits against him for recovery of income taxes, one brought by John W. Grant for taxes exacted for the years 1920, 1921, and 1922, and one brought by John W. Grant and his wife, Mrs. Annie I. Grant, for taxes exacted on a joint return for the year 1923. The cases arise out of similar facts, and will be dealt with in one opinion.

The decisive questions are: (1) Is $25,000 received...

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