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BLAIR v. BARTON

No. 2197.

26 F.2d 765 (1928)

BLAIR, Commissioner of Internal Revenue, v. BARTON.

Circuit Court of Appeals, First Circuit.

June 13, 1928.

Attorney(s) appearing for the Case

L. W. Scott, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Mabel Walker Willebrandt, Asst. Atty. Gen., and C. M. Charest, Gen. Counsel Bureau of Internal Revenue, of Washington, D. C., on the brief), for petitioner.

Lafayette R. Chamberlin, of Boston, Mass. (Chamberlin, Stone & Bosson, of Boston, Mass., on the brief), for trustee.

James J. Forstall, of Chicago, Ill. (Herbert Pope, of Chicago, Ill., and E. Barrett Prettyman, of Washington, D. C., of counsel), amicus curiæ.

Before BINGHAM and JOHNSON, Circuit Judges, and BREWSTER, District Judge.

JOHNSON, Circuit Judge.

This is a petition for a review of the decision of the United States Board of Tax Appeals rendered February 12, 1927.

The trustee, Mary L. Barton, is the holder of certain property devised and bequeathed by the will of Otis Barton, late of Manchester, N. H., for the benefit of his grandchildren, Otis Barton, Francis Lowell Barton, Mary L. Barton, and Ellen Randolph Barton. As such trustee she received notice of income taxes due from...

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