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UNITED STATES v. VAN NOSTRAND

No. 3301.

94 F.2d 510 (1938)

UNITED STATES v. VAN NOSTRAND.

Circuit Court of Appeals, First Circuit.

January 26, 1938.

Attorney(s) appearing for the Case

Loring W. Post, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Sp. Asst. to U. S. Atty., both of Boston, Mass., on the brief), for the United States.

Morris R. Brownell and Cook Brownell, Taber & Sherman, all of New Bedford, Mass., for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an appeal from a judgment of the Federal District Court for Massachusetts in favor of the plaintiff in the sum of $893.94, with interest from June 1, 1932, in an action at law brought to recover a portion of a deficiency tax assessed upon the plaintiff's income for the year 1929. The case was tried without a jury upon an agreed statement of facts, in which it appeared that Alonzo G. Van Nostrand, the plaintiff's father, died in the...

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