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LAWLER v. COMMISSIONER OF INTERNAL REVENUE

No. 7497.

78 F.2d 567 (1935)

LAWLER et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

July 9, 1935.

Attorney(s) appearing for the Case

Oscar Lawler, James E. Degnan, and William T. Coffin, all of Los Angeles, Cal., for petitioners.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Frederick W. Dewart, L. W. Post, and Francis A. Le Sourd, Sp. Assts. to Atty. Gen., for respondent.

Donald Barker and Harry A. Keithly, both of Los Angeles, Cal., and Raymond H. Berry, Arthur L. Evely, and Ralph W. Barbier, all of Detroit, Mich., amici curiæ.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

WILBUR, Circuit Judge.

Petitioners, the executors of the last will and testament of Erskine M. Ross, deceased, who died on December 10, 1928, have petitioned for a review of the decision of the Board of Tax Appeals sustaining deficiencies determined by the Commissioner in the decedent's income taxes for the years 1923, 1924, 1925, 1926, and 1928.

Prior to March 1, 1913, decedent acquired a tract of land situated near the city of Glendale, county of Los Angeles...

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