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WELCH v. STREET

No. 3596.

116 F.2d 953 (1941)

WELCH, Former Collector of Internal Revenue, v. STREET et al.

Circuit Court of Appeals, First Circuit.

January 23, 1941.

Attorney(s) appearing for the Case

Edward First, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Edmund J. Brandon and C. Keefe Hurley, both of Boston, Mass., on the brief), for appellant.

Edward C. Thayer, of Boston, Mass. (Loring P. Jordan, Jr., of Boston, Mass., on the brief), for appellees.

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

MAGRUDER, Circuit Judge.

This is a suit to recover income taxes for the year 1935 alleged to have been illegally collected by the defendant. In the judgment below, the plaintiffs have been allowed recovery for the full amount of their claim, $9,556.58, with interest.

The plaintiffs are husband and wife. They filed an amended joint return, according to which no tax was payable. Losses which had been sustained by the wife on three separate parcels of real estate...

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