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CALDWELL v. UNITED STATES

Nos. 6699, 6700.

102 F.2d 607 (1939)

CALDWELL v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

March 8, 1939.

Attorney(s) appearing for the Case

Willis H. Hutson, Lawrence C. Traeger, and John D. Bolger, all of Chicago, Ill., and Forest P. Tralles and Fred J. Hoffmeister, both of St. Louis, Mo., for appellant.

Arnold Raum, Sewall Key and L. W. Post, Sp. Assts. to Atty. Gen., James W. Morris, Asst. Atty. Gen., Michael L. Igoe, U. S. Atty., and David L. Bazelon, Asst. U. S. Atty., both of Chicago, Ill., and William J. Campbell, of Chicago, Ill., for the United States.

Before MAJOR, TREANOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

These appeals are from judgments of the District Court denying plaintiff's claim for a refund of income tax. Cause No. 6699 involves such tax in the amount of $5,985.11 for the year 1928, and Cause No. 6700 in the amount of $6,500.29 for the year 1929. The facts were stipulated and substantially the same questions are involved in each appeal. They will, therefore, be considered together.

The plaintiff is a sole surviving beneficiary and...

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