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McKEAN v. SCOFIELD

No. 9237.

108 F.2d 764 (1940)

McKEAN et al. v. SCOFIELD, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

January 11, 1940.

Attorney(s) appearing for the Case

R. N. Gresham, of San Antonio, Tex., for appellants.

Lee A. Jackson, Sp. Asst. to the Atty. Gen., and W. R. Smith, Jr., U. S. Atty., of San Antonio, Tex., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

There were five suits filed in the district court against the Collector of Internal Revenue to recover additional taxes exacted for the year 1933. Each suit was brought by A. J. McKean, Sr., A. J. McKean, Jr., and E. B. McKean as trustees, but as trustees for different beneficiaries and under a different deed of trust in each case. The additional tax was assessed on the separate returns of each trust by considering the five trusts, along with...

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