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UNITED STATES v. DONALDSON REALTY CO.

No. 11403.

106 F.2d 509 (1939)

UNITED STATES v. DONALDSON REALTY CO., Inc.

Circuit Court of Appeals, Eighth Circuit.

September 16, 1939.

Attorney(s) appearing for the Case

S. Dee Hanson, Sp. Asst. to Atty. Gen. (Sewall Key and Joseph M. Jones, Sp. Assts. to Atty. Gen., and Victor E. Anderson, U. S. Atty., and Linus J. Hammond, Asst. U. S. Atty., both of St. Paul, Minn., on the brief), for the United States.

Edward J. Callahan, of Minneapolis, Minn. (George R. Smith, of Minneapolis, Minn., William J. Hughes, Jr., of Washington, D. C., and M. Arnold Lyons, of Minneapolis, Minn., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

WOODROUGH, Circuit Judge.

The Donaldson Realty Company, Inc., brought this civil action in two counts for refund of income taxes alleged to have been "erroneously assessed and unlawfully collected from plaintiff" on account of income accrued in 1933 and 1934. The refund sued for in each count was assessed in respect to the amount of a certain claimed deduction from gross income which the Collector refused to allow. Trial was had to the court without a jury and at...

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