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COMMISSIONER OF INTERNAL REVENUE v. HOPKINSON

No. 37.

126 F.2d 406 (1942)

COMMISSIONER OF INTERNAL REVENUE v. HOPKINSON.

Circuit Court of Appeals, Second Circuit.

March 6, 1942.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen. and Sewall Key and A. F. Prescott, Sp. Assts. to the Atty. Gen., for petitioner.

Herman Goldman, of New York City (Milton J. Levitt, of New York City, of counsel), for respondent.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The Commissioner determined deficiencies in the income taxes of the respondent for each of the calendar years 1934 and 1935 by treating as ordinary income certain payments made to her as the beneficiary of a trust which she had reported as capital gains. The Board upheld the taxpayer and the Commissioner filed a petition to review its decision. The issues in this respect are the same for both years. There is an additional issue for 1935. In that...

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