UNITED STATES v. REAL ESTATE-LAND TITLE & TRUST CO.

No. 6493.

102 F.2d 582 (1939)

UNITED STATES v. REAL ESTATE-LAND TITLE & TRUST CO.

Circuit Court of Appeals, Third Circuit.

March 13, 1939.


Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., Sewall Key, J. Louis Monarch, Lester L. Gibson, Sp. Assts. to Atty. Gen., J. Cullen Ganey, Jr., U. S. Atty., of Bethlehem, Pa., Lester L. Gibon, Sp. Asst. to Atty. Gen., and Thomas J. Curtin, Asst. U. S. Atty., of Philadelphia, Pa., for the United States.

Joseph A. Lamorelle and Joseph Neff Ewing, both of Philadelphia, Pa. (Saul, Ewing, Remick & Saul, of Philadelphia, Pa., of counsel), for appellee.

Before DAVIS and BIGGS, Circuit Judges, and WATSON, District Judge.


BIGGS, Circuit Judge.

The Real Estate-Land Title and Trust Company, a Pennsylvania corporation, the appellee, sued the United States in the court below for a refund of income tax. The cause of action arises out of the fact that in December, 1930, the appellee filed a claim for refund for the fiscal year ending October 31, 1928, in the sum of $153,125, alleging as the basis of its claim that it was entitled to deduct a loss due to obsolescence of a title insurance...

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