DENMAN, Circuit Judge.
The government appeals from a judgment in favor of appellee, Percy Pettigrew, for the sum of $3,424.99, the same being income taxes alleged to be illegally and erroneously assessed for the year 1928. The facts are not in dispute and may be briefly summarized as follows:
Plaintiff, Pettigrew, on March 15, 1929, returned a net income for 1928 of $78,780.93. Of this total $1,215 represented fees and salary paid plaintiff in return for personal...
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