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COMMISSIONER OF INTERNAL REV. v. GUARANTY TRUST CO.

No. 262.

89 F.2d 692 (1937)

COMMISSIONER OF INTERNAL REVENUE v. GUARANTY TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

May 3, 1937.

Attorney(s) appearing for the Case

Robert H. Jackson, Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and Alexander Tucker, Sp. Assts. to Atty. Gen., for petitioner.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Walter D. Fletcher, Weston Vernon, Jr., and Allen A. Dobey, all of New York City, of counsel), for respondent.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The respondent is the executor of the estate of Lamar L. Fleming, who died on December 16, 1933. Mr. Fleming was at the time of his death a resident of New York and a member of the partnership of Anderson, Clayton & Fleming whose principal place of business was in New York City. The decedent had filed his returns of income for calendar years on the cash receipts and disbursements basis. The partnership had filed its information returns on...

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