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COMMISSIONER OF INTERNAL REVENUE v. KIESELBACH

No. 7912.

127 F.2d 359 (1942)

COMMISSIONER OF INTERNAL REVENUE v. KIESELBACH et al.

Circuit Court of Appeals, Third Circuit.

Decided April 7, 1942.

Attorney(s) appearing for the Case

Samuel H. Levy, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch and Arthur A. Armstrong, Sp. Assts. to Atty. Gen., on the brief), for petitioner.

Harry Friedman, of Washington, D. C. (Julien W. Newman, of New York City, on the brief), for respondent.

Before CLARK, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

The taxpayer, Henry Kieselbach, inherited from his father a parcel of real property in the City of New York on April 2, 1927. In 1930 the City of New York began condemnation proceedings in the Supreme Court of New York; an order was entered authorizing the taking of the property by the City and providing that compensation would be determined by the Court. The resolution of the New York Board of Estimate...

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