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COMMISSIONER OF INTERNAL REVENUE v. KELLOGG

No. 9659.

119 F.2d 115 (1941)

COMMISSIONER OF INTERNAL REVENUE v. KELLOGG et al.

Circuit Court of Appeals, Ninth Circuit.

April 19, 1941.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Warren F. Wattles, and L. W. Post, Sp. Assts. to the Atty. Gen., for petitioner.

Vernon M. Brydolf, of Pasadena, Cal., for respondents.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

The Commissioner seeks a review of a redetermination by the Board of Tax Appeals of a deficiency determined by him of the tax due on income of F. W. Kellogg,1 hereafter called taxpayer, for the tax year 1935.

Taxpayer's petition to the Board for the redetermination of the deficiency was in the usual form setting forth the deficiency letter of the Commissioner and his exceptions to the Commissioner's determination...

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