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MONTROSE CEMETERY CO. v. COMMISSIONER OF INT. REV.

No. 6811.

105 F.2d 238 (1939)

MONTROSE CEMETERY CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

June 21, 1939.

Attorney(s) appearing for the Case

Cecil C. Erickson, of Chicago, Ill., and John L. Laskey, of Washington, D. C., for petitioner.

James W. Morris, Asst. Atty. Gen., and Sewall Key and Howard P. Locke, Sp. Assts. to Atty. Gen., for respondent.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This petition for review involves income taxes imposed upon gains made in 1931 from the sale of burial space. The cemetery lots sold in 1931 had been acquired prior to 1913 at a cost admittedly less than the fair market value thereof on March 1, 1913, and the controversy here is over the proper value of the unadjusted basis to be used in determining the recognized gain in 1931.

The Commissioner of Internal Revenue (hereinafter referred...

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