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EDWARD BARRON ESTATE CO. v. UNITED STATES

No. 21354-R.

38 F.Supp. 1016 (1941)

EDWARD BARRON ESTATE CO. v. UNITED STATES.

District Court, N. D. California, S. D.

May 16, 1941.

Attorney(s) appearing for the Case

Charles S. Wheeler, Jr., of San Francisco, Cal., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Frank Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for defendant.

ROCHE, District Judge.

This is a suit for refund of income taxes plus interest, assessed against plaintiff for the year 1932 and paid under protest in 1937. The assessment pertained to a real estate transaction in which plaintiff repossessed itself of property situated on the Oakland Estuary.

In 1926 plaintiff sold a piece of property under an installment-sale contract, putting the purchaser in immediate possession and retaining title as security for the unpaid...

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