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DE MARIA v. COMMISSIONER OF INTERNAL REVENUE

No. 8198.

90 F.2d 498 (1937)

John M. DE MARIA v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

June 7, 1937.

Attorney(s) appearing for the Case

Leo J. McEnerney, of San Francisco, Cal. (J. Bruce Fratis, of San Francisco, Cal., of counsel), for petitioners.

James W. Morris, Asst. Atty. Gen., and Sewall Key, Frederick W. Dewart, J. Louis Monarch, and Warren F. Wattles, Sp. Assts. to Atty. Gen., for respondent.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

In our opinion herein we held that the decision in this case was controlled by what we said in Perata v. Commissioner, 89 F.2d 550, decided on the same day.

For reasons indicated in our order on rehearing of this date made in Perata v. Commissioner, 90 F.2d 498, wherein that case was remanded to the Board for decision under our holding therein, it is ordered that this...

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