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WIGET v. BECKER

No. 10487.

84 F.2d 706 (1936)

WIGET v. BECKER, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

July 27, 1936.

Attorney(s) appearing for the Case

Chase Morsey, of St. Louis, Mo., for appellant.

Warren F. Wattles, Atty., Tax Division, Department of Justice, of Washington, D. C. (Robert H. Jackson, Asst. Atty. Gen., Sewall Key, John MacC. Hudson, and J. W. Wideman, Sp. Assts. to Atty. Gen., and Harry C. Blanton, U. S. Atty., of Sikeston, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

In this case, appellant, as plaintiff, brought suit to recover $7,341.29 collected from her as additional income tax for the taxable year 1928. In 1928 she sold 448 shares of the capital stock of the Farmers & Merchants Trust Company, engaged in the banking business at St. Louis, Mo., at $400 per share. She claims to have realized a taxable gain in the transaction of $101,573.96. She acquired the stock at

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