WELCH v. KERCKHOFF

No. 8013.

84 F.2d 295 (1936)

WELCH, Collector of Internal Revenue, v. KERCKHOFF.

Circuit Court of Appeals, Ninth Circuit.

June 8, 1936.


Attorney(s) appearing for the Case

Robert H. Jackson, Asst. Gen. Counsel, of Washington, D. C., Sewall Key, John MacC. Hudson, and E. F. McMahon, Sp. Assts. to the Atty. Gen., and Peirson M. Hall, U. S. Atty., E. H. Mitchell, Sp. Asst. to U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for appellant.

Todd W. Johnson and Philip D. Johnston, both of Los Angeles, Cal., for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

Appellee recovered judgment against appellant for the amount alleged to be illegally collected for documentary stamps which were affixed to certain stock certificates issued to appellee.

The facts were stipulated. Appellee's husband died on February 23, 1929, leaving a will, by the terms of which appellee was named as residuary legatee. The stock certificates received by appellee may be segregated into three groups, all of which were...

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