RANDOLPH v. COMMISSIONER OF INTERNAL REVENUE

Nos. 9930, 10055.

76 F.2d 472 (1935)

RANDOLPH et al. v. COMMISSIONER OF INTERNAL REVENUE. HELVERING, Com'r of Internal Revenue, v. RANDOLPH et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied April 10, 1935.


Attorney(s) appearing for the Case

Abraham Lowenhaupt, of St. Louis, Mo. (F. M. Curlee and Stanley S. Waite, both of St. Louis, Mo., on the brief), for Virgil P. Randolph, Jr., and another.

John MacC. Hudson, Sp. Asst. to Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for the Commissioner of Internal Revenue.

Before GARDNER, SANBORN, and VAN VALKENBURGH, Circuit Judges.


SANBORN, Circuit Judge.

These are petitions to review an order of the Board of Tax Appeals redetermining deficiencies in the income taxes of Shelby H. Curlee, as trustee, for the years 1926 and 1927. Curlee v. Commissioner of Internal Revenue, 28 B. T. A. 773. For the year 1926, the Commissioner had determined a deficiency of $10,280.39, which the Board, upon appeal, reduced to $5,027.52. The Commissioner's petition challenges the Board's ruling in this regard. For...

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