Writ of Certiorari Denied February 26, 1940. See 60 S.Ct. 591, 84 L.Ed. ___.
TREANOR, Circuit Judge.
This action was brought in the District Court to recover a refund of $7,134.17 which appellant claims was erroneously and illegally collected from him as income tax for the calendar year of 1935. This appeal is from a judgment in favor of the appellee.
The ultimate question is whether the plaintiff-appellant realized a taxable gain from a sale in 1935...
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