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RUCKER v. BLAIR

No. 5662.

32 F.2d 222 (1929)

RUCKER v. BLAIR, Commissioner of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

April 1, 1929.

Attorney(s) appearing for the Case

W. P. Bell and J. B. Fogarty, both of Everett, Wash., for petitioner.

Mabel Walker Willebrandt, Asst. Atty. Gen., Sewall Key and John Vaughan Groner, Sp. Asst. Atty. Gen., and C. M. Charest, Gen. Counsel, and Prew Savoy, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

This appeal relates to an income tax assessment for 1918 and involves the application of the statutes of the state of Washington, as construed by the Supreme Court of that state, defining the separate and community property of husband and wife. Touching the underlying facts there is no controversy, and for them we may resort to the findings of the Board of Tax Appeals.

The petitioner, B. J. Rucker, was married in December, 1904, and...

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