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PELHAM HALL CO. v. CARNEY

No. 3517.

111 F.2d 944 (1940)

PELHAM HALL CO. v. CARNEY, Former Collector of Internal Revenue.

Circuit Court of Appeals, First Circuit.

May 14, 1940.

Attorney(s) appearing for the Case

Robert H. Davison, of Boston, Mass. (Philip J. Woodward and Haussermann, Davison & Shattuck, all of Boston, Mass., on the brief), for appellant.

James P. Garland, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Norman D. Keller, Sp. Assts. to Atty. Gen., and Edmund J. Brandon and C. Keefe Hurley, both of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, and MAHONEY, Circuit Judges, and PETERS, District Judge.

MAGRUDER, Circuit Judge.

Pelham Hall Company, the plaintiff below, appeals from a judgment for the Collector in an action for the recovery of an alleged overpayment of income taxes for the fiscal year ending August 31, 1932. The item in dispute has to do with the base upon which depreciation on a certain building owned by the plaintiff is to be calculated.

The plaintiff was incorporated May 6, 1931, as a means of refinancing the Pelham Hall Building in Brookline...

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