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COMMISSIONER OF INTERNAL REV. v. CENTRAL REPUBLIC T. CO.

Nos. 5340, 5359.

75 F.2d 708 (1935)

COMMISSIONER OF INTERNAL REVENUE v. CENTRAL REPUBLIC TRUST CO. SAME v. McKEY.

Circuit Court of Appeals, Seventh Circuit.

February 23, 1935.

Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Arnold Raum, Sp. Assts. to Atty. Gen., for petitioner.

Paul E. Shorb, of Washington, D. C., and Richard Yates Hoffman and Martin Solomon, both of Chicago, Ill., for respondent.

Before EVANS and FITZHENRY, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Petitioner in No. 5340 seeks to review a decision of the United States Board of Tax Appeals affecting the respondent's income taxes for 1920 and 1928. The taxpayer was a bank, a substantial part of its business being the making of loans secured by real estate mortgages. The bank took from each borrower the security of a real estate mortgage and charged the borrower not only interest upon the loan, but a so-called "commission," "discount,"...

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