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CLARK v. UNITED STATES

No. 3236.

27 F.2d 887 (1928)

CLARK v. UNITED STATES.

District Court, D. Massachusetts.

July 31, 1928.

Attorney(s) appearing for the Case

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

Frederick H. Tarr, U. S. Atty., and J. M. Leinenkugel, Sp. Asst. U. S. Atty., both of Boston, Mass., and C. M. Charest, General Counsel, Bureau of Internal Revenue and J. D. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for the United States.

MORTON, District Judge.

The provisions of Revenue Act 1921, § 403 (Comp. St. § 6336¾d), under which this case arises, are substantially the same as those of the act of 1918 (Comp. St. § 6336¾d), under which Edwards v. Slocum, 264 U.S. 61, 44 S.Ct. 293, 68 L. Ed. 564, was decided. And the essential question is how far this case is governed by that decision. In Edwards...

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