HELVERING v. HIGHLAND

No. 4863.

124 F.2d 556 (1942)

HELVERING, Com'r of Internal Revenue, v. HIGHLAND.

Circuit Court of Appeals, Fourth Circuit.

January 5, 1942.


Attorney(s) appearing for the Case

Sherley Ewing, Sp. Asst. to Atty. Gen., (Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Lawrence R. Lynch, of Clarksburg, W. Va., for respondent.

Before SOPER and DOBIE, Circuit Judges, and COLEMAN, District Judge.


DOBIE, Circuit Judge.

This is an appeal from a decision of the United States Board of Tax Appeals (hereinafter called the Board). The Board's decision was that there was no deficiency in the income taxes of the estate of which the respondent is executor for the year 1935 and that there was a deficiency of $1,533.59 for the year 1936. The Commissioner of Internal Revenue (hereinafter called the Petitioner) asserts that there are deficiencies for the years 1935 and...

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