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NICHOLAS v. FIFTEENTH STREET INV. CO.

No. 1796.

105 F.2d 289 (1939)

NICHOLAS, Collector of Internal Revenue, v. FIFTEENTH STREET INV. CO.

Circuit Court of Appeals, Tenth Circuit.

June 19, 1939.

Attorney(s) appearing for the Case

F. A. Michels, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewal. Key and J. L. Monarch, Sp. Assts. to Atty. Gen., and Thomas J. Morrissey, U. S. Atty., and Ivor O. Wingren, Asst. U. S. Atty., both of Denver, Colo., on the brief), for appellant.

Horace Phelps, of Denver, Colo. (James D. Benedict and Horace F. Phelps, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit judges.

BRATTON, Circuit Judge.

This is a suit instituted by the Fifteenth Street Investment Company, a corporation, hereinafter called the taxpayer, against Ralph Nicholas, Collector of Internal Revenue for the District of Colorado, under section 24 (20) of the judicial Code, 28 U.S.C.A. § 41 (20), to recover income taxes paid for the years 1932 and 1933. The taxpayer owned a parcel of real estate situated in the City of Denver. In March, 1929, the property was leased...

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