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PALMER v. BENDER

No. 6409.

57 F.2d 32 (1932)

PALMER v. BENDER, Collector of Internal Revenue. BENDER et al. v. PALMER.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 23, 1932.

Attorney(s) appearing for the Case

John H. Tucker, Jr., and James E. Smitherman, both of Shreveport, La., Henry P. Dart, and Henry P. Dart, Jr., both of New Orleans, La., and Fred R. Angevine, of New York City, for E. G. Palmer.

Eldon O. Hanson, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., and Philip H. Mecom, of Shreveport, La., for Bender and others.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal and a cross-appeal from a judgment of the District Court in part denying and in part allowing recovery of amounts assessed by the Commissioner of Internal Revenue as deficiencies and paid by appellant under protest upon net income which he received from two oil and gas leases in the years 1921 and 1922, as a member of each of two partnerships, known as the Smitherman and Baird partnerships.

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