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COMMISSIONER OF INTERNAL REVENUE v. BARBOUR

No. 7496.

121 F.2d 728 (1941)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. William S. BARBOUR, Respondent.

Circuit Court of Appeals, Third Circuit.

July 8, 1941.

Attorney(s) appearing for the Case

Michael H. Cardozo, IV, Sp. Asst. Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Arthur D. Hammond, of New York City, for respondent.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

PER CURIAM.

The decision of the Board of Tax Appeals is reversed upon the authority of United States v. Pelzer, 61 S.Ct. 659, 85 L.Ed. ___, and Ryerson v. United States, 61 S.Ct. 656, 85 L.Ed.___, and the cause is remanded to the Board for further proceedings not inconsistent with the opinions of the Supreme Court in...

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