HOSTETTER v. UNITED STATES

No. 7233.

113 F.2d 64 (1940)

HOSTETTER v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 9, 1940.


Attorney(s) appearing for the Case

H. F. Stambaugh, of Pittsburgh, Pa., for appellant.

F. E. Youngman, Sp. Asst. to Atty. Gen., George Mashank, Acting U. S. Atty., and Elliott W. Finkel, Asst. U. S. Atty., both of Pittsburgh, Pa., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., for appellee.

Before BIGGS, MARIS, and CLARK, Circuit Judges.


MARIS, Circuit Judge.

This is an appeal from a judgment of the District Court for the Western District of Pennsylvania entered against the petitioner in a suit under the Tucker Act, 24 Stat. 505, for the recovery of additional income tax paid by her for the year 1926. D.C., 28 F.Supp. 227.

The petitioner is a life tenant under the will of her husband, D. Herbert Hostetter. The decedent left property in California which...

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