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OLD COLONY TRUST CO. v. COMMISSIONER OF INTERNAL REV.

Nos. 3145, 3146.

87 F.2d 131 (1936)

OLD COLONY TRUST CO. v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. OLD COLONY TRUST CO.

Circuit Court of Appeals, First Circuit.

December 10, 1936.

Attorney(s) appearing for the Case

Harold S. Davis, of Boston, Mass. (Francis V. Barstow, of Boston, Mass., on the brief), for Old Colony Trust Co.

J. Louis Monarch, Sp. Asst. to Atty. Gen. (Robert H. Jackson, Asst. Atty. Gen., and Sewall Key and F. E. Youngman, Sp. Assts. to Atty. Gen., on the brief), for the Commissioner.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

WILSON, Circuit Judge.

These cases are brought before this court on petitions filed March 11, 1936, one by the Old Colony Trust Company as trustee (hereinafter referred to as the trustee or taxpayer) under an indenture executed by Paul Wilde Jackson, and a cross-petition filed by the Commissioner of Internal Revenue; each petitioner seeking a review of the decision of the Board of Tax Appeals entered December 13, 1935, determining a deficiency tax against the trustee...

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