UNITED STATES v. FISCHER

No. 11.

93 F.2d 488 (1937)

UNITED STATES v. FISCHER.

Circuit Court of Appeals, Second Circuit.

December 6, 1937.


Attorney(s) appearing for the Case

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Frank J. Parker, and Hyman H. Goldstein, Asst. U. S. Attys., all of Brooklyn, N. Y., of counsel), for the United States.

William J. McArthur, of New York City (Sunshine Ulman, of New York City, of counsel), for defendant.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The plaintiff brought suit against the defendant on March 5, 1934, to recover income taxes for the years 1920 and 1921 due from the estate of Richard F. Fischer, deceased. A summons upon which was indorsed the nature of the action was served upon the defendant on March 26, 1934.

On April 9, 1934, the parties stipulated that defendant might have until May 10th to appear and answer and before that date extended the time to June 8th. On...

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