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BROWN v. COMMISSIONER OF INTERNAL REVENUE

No. 1124.

74 F.2d 281 (1934)

BROWN et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

November 28, 1934.

Attorney(s) appearing for the Case

Lewis A. Dick, of Denver, Colo. (Robert G. Bosworth and Pershing, Nye, Bosworth & Dick, all of Denver, Colo., on the brief), for petitioners.

Warren F. Wattles, Sp. Asst. to the Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, and F. E. Youngman, Sp. Assts. to the Atty. Gen., on the brief), for the Commissioner.

Before McDERMOTT and BRATTON, Circuit Judges, and POLLOCK, District Judge.

McDERMOTT, Circuit Judge.

On April 10, 1930, David Brown, without consideration, transferred to his wife 3,487 shares of stock of the value of $266,163.75. He was 73 years old; the Mayo Clinic, in the summer of 1929, advised him that, except for a high blood pressure, he was in excellent health; they advised him to forget his blood pressure except to be moderate in exercise and eating. In September he passed a kidney stone, which laid him up for part of a day. Indigestion...

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