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COMMISSIONER OF INTERNAL REVENUE v. WEISER

No. 2003.

113 F.2d 486 (1940)

COMMISSIONER OF INTERNAL REVENUE v. WEISER.

Circuit Court of Appeals, Tenth Circuit.

June 29, 1940.

Attorney(s) appearing for the Case

L. W. Post, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., on the brief), for petitioner.

Dan H. Hughes, of Montrose, Colo., for respondent.

Before PHILLIPS and WILLIAMS, Circuit Judges, and MURRAH, District Judge.

PHILLIPS, Circuit Judge.

William T. Fitzpatrick, now deceased, and Eva M. Fitzpatrick were husband and wife. Two daughters were born the issue of their marriage, Elizabeth Blanche and Katherine Eva. Marital difficulties arose and on March 20, 1925, the Fitzpatricks entered into a separation agreement. The agreement recited that they had permanently separated and that Fitzpatrick had conveyed to Mrs. Fitzpatrick certain lots and a residence thereon situate in Montrose...

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