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REFLING v. BURNET

No. 8919.

47 F.2d 859 (1931)

REFLING v. BURNET, Commissioner of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

March 4, 1931.

Attorney(s) appearing for the Case

Robert A. Littleton and W. W. Spalding, both of Washington, D. C., for petitioner.

J. P. Jackson, Sp. Asst. to the Atty. Gen. (G. A. Youngquist, Asst. Atty. Gen., Sewall Key, Sp. Asst. to the Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Prew Savoy, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for respondent.

Before KENYON and GARDNER, Circuit Judges, and MUNGER, District Judge.

GARDNER, Circuit Judge.

This is a petition to review a decision of the United States Board of Tax Appeals, which found the estate of Harold Thorson liable for a deficiency in income tax for the year 1922 in the sum of $939.67. The record as certified does not contain the evidence, and hence the question presented is whether or not the order of determination is sustained by the findings of the Board.

It is recited in the record that the facts were stipulated...

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