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W. P. BROWN & SONS LUMBER CO. v. COM'R OF INTERNAL REVENUE

No. 5376.

38 F.2d 425 (1930)

W. P. BROWN & SONS LUMBER CO. et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

February 21, 1930.

Attorney(s) appearing for the Case

W. W. Spalding, of Washington, D. C. (Mason, Spalding & McAtee, of Washington, D. C., on the brief), for appellants.

N. D. Keller, of Washington, D. C. (G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, C. M. Charest, and John MacC. Hudson, all of Washington, D. C., on the brief), for appellee.

Before MOORMAN, MACK, and HICKS, Circuit Judges.

MACK, Circuit Judge.

It is conceded by respondent that the question whether or not the deficiency assessment was collectible from Brown Brothers Land & Lumber Company is governed by Russell v. United States, 278 U.S. 181, 49 S.Ct. 121, 73 L. Ed. 255, decided since the order of redetermination was entered; therefore respondent consents to the reversal of that part of the board's order which found that the collection of such deficiency...

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