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BURNET v. KOUNTZE

No. 9664.

66 F.2d 141 (1933)

BURNET, Com'r of Internal Revenue, v. KOUNTZE.

Circuit Court of Appeals, Eighth Circuit.

June 24, 1933.

Attorney(s) appearing for the Case

John MacC. Hudson, Sp. Asst. to Atty. Gen. (Sewall Key, Sp. Asst. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Byron M. Coon, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for petitioner.

Kenneth S. Finlayson, of Omaha, Neb. (Edward R. Burke, of Omaha, Neb., on the brief), for respondent.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is a petition for review of an order of the Board of Tax Appeals which redetermined the alleged deficiency, as found by the Commissioner of Internal Revenue, in the income taxes of respondent Kountze for the year 1923 and granted to him a recovery for overpayment.

The Board of Tax Appeals had before it six cases involving the same question and differing only in the amounts involved. By stipulation it was agreed that the cases should...

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