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NYE v. UNITED STATES

Nos. 2749, 2750, 2859, 3053, 3056, 3100.

4 F.Supp. 527 (1933)

NYE v. UNITED STATES (four cases). GAGE et al. v. SAME (two cases).

District Court, D. Massachusetts.

September 6, 1933.

Attorney(s) appearing for the Case

Fred T. Field, Harris H. Gilman, and Goodwin, Proctor, Field & Hoar, all of Boston, Mass., for petitioner Nye.

Merrill S. June, of Worcester, Mass., and Harris H. Gilman, of Boston, Mass., for petioners Gage and another.

Frederick H. Tarr, U. S. Atty., and J. Duke Smith, Sp. Asst. to U. S. Atty., both of Boston, Mass.

LOWELL, District Judge.

These cases involve the excess profits tax for the year 1917 on the partnership of J. Russel Marble & Co. The firm and its predecessors had been engaged for many years in the sale of oils, starches, and heavy chemicals, largely as commission merchants. It was reorganized on January 1, 1917, by the dropping of one partner, Eager, the other partners, Marble, Nye, and Woodward, continuing the business. In arranging the payment to Eager, the...

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