SMITH v. COMMISSIONER OF INTERNAL REVENUE

No. 3494.

67 F.2d 167 (1933)

SMITH v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fourth Circuit.

October 3, 1933.


Attorney(s) appearing for the Case

Leland T. Atherton, of New York City (Chadbourne, Hunt, Jaeckel & Brown, of New York City, on the brief), for petitioner.

J. P. Jackson, Sp. Asst. to Atty. Gen. (Sewall Key, Sp. Asst. to Atty. Gen., and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, and W. Frank Gibbs, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for respondent.

Before PARKER and NORTHCOTT, Circuit Judges, and GLENN, District Judge.


NORTHCOTT, Circuit Judge.

This is a petition to review a decision of the United States Board of Tax Appeals, involving income tax assessed against the estate of Richard H. Lynch, for the year 1927, in the amount of $13,232.56. The findings of fact and opinion of the Board of Tax Appeals are reported in 26 B. T. A. 778. The facts as found by the Board are as follows:

"Richard H. Lynch was a special, or limited, partner in the brokerage firm of Merrill, Lynch...

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