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EAVENSON v. COMMISSIONER OF INTERNAL REVENUE

No. 4555.

51 F.2d 664 (1931)

EAVENSON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

July 28, 1931.

Attorney(s) appearing for the Case

W. W. Booth and W. A. Seifert, both of Pittsburgh, Pa. (Smith, Shaw, McClay & Seifert, of Pittsburgh, Pa., of counsel), for petitioner.

G. A. Youngquist, Asst. Atty. Gen., and A. G. Divet and Sewall Key, Sp. Assts. to Atty. Gen., for respondent.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This case comes up upon petition for review of the decision of the Board of Tax Appeals in a proceeding before the Board for redetermination of a deficiency found by the Commissioner of Internal Revenue in the petitioner's taxes for the years 1922 to 1925, inclusive.

The petitioner entered into a contract of sale which is, in part, as follows:

"Memorandum of agreement made this 17th day of November, 1920, between Howard N....

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