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UNITED STATES v. HAVNER

No. 11257.

101 F.2d 161 (1939)

UNITED STATES v. HAVNER.

Circuit Court of Appeals, Eighth Circuit.

January 31, 1939.

Attorney(s) appearing for the Case

Louise Foster, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, J. Louis Monarch, and Lester L. Gibson, Sp. Assts. to Atty. Gen., E. G. Moon, U. S. Atty., of Des Moines, Iowa, and C. I. Level, Asst. U. S. Atty., of Denison, Iowa, on the brief), for appellant.

B. J. Flick, of Des Moines, Iowa, for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

The Government, on September 24, 1936, brought this action at law to recover unpaid income taxes for the year 1920 and the years 1923 to 1927, inclusive, assessed against H. M. Havner. After the case was at issue, it was, on motion of the taxpayer, transferred to the equity docket. It was tried to the court upon a stipulation of facts on November 30, 1937. The amounts and the validity of the assessments were not challenged, and the only controversy...

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