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COMMISSIONER OF INTERNAL REVENUE v. MESTA

No. 7701.

123 F.2d 986 (1941)

COMMISSIONER OF INTERNAL REVENUE v. MESTA.

Circuit Court of Appeals. Third Circuit.

November 25, 1941.

Attorney(s) appearing for the Case

Carolyn E. Agger, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., on the brief), for appellant.

William Wallace Booth, of Pittsburgh, Pa. (William A. Seifert, of Pittsburgh, Pa., on the brief), for respondent.

Before BIGGS, MARIS, CLARK, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

On February 14, 1935, the taxpayer's wife filed a libel for divorce in the Court of Common Pleas of Allegheny County, Pennsylvania, "from bed and board and [for] such alimony as her husband's circumstances will permit of". On March 8, 1935, Mrs. Mesta amended her libel and asked for a decree "from the bonds of matrimony". On March 22, 1935, the taxpayer signed an agreement (dated April 13, 1935) whereby he agreed to deliver to his wife certificates...

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