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SMITH REAL ESTATE CO. v. PAGE

No. 2320.

60 F.2d 592 (1932)

SMITH REAL ESTATE CO. v. PAGE, Collector of Internal Revenue.

District Court, D. Rhode Island.

July 20, 1932.

Attorney(s) appearing for the Case

Frederick W. Tillinghast and James F. Armstrong (of Hinckley, Allen, Tillinghast, Phillips & Wheeler), both of Providence, R. I., for plaintiff.

Henry M. Boss, Jr., U. S. Atty., of Providence, R. I. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Lester L. Gibson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendant.

LETTS, District Judge.

This is an action of assumpsit against the defendant collector of internal revenue for the recovery of certain income taxes alleged to have been wrongfully assessed and collected from the plaintiff for the taxable years of 1924 and 1925.

Two leases for terms of years were executed by the plaintiff in the years 1923 and 1924, respectively. These leases related to certain premises in the city of Providence whereon were located buildings...

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