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KURRLE v. HELVERING

No. 12082.

126 F.2d 723 (1942)

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

Circuit Court of Appeals, Eighth Circuit.

March 14, 1942.

Attorney(s) appearing for the Case

William M. Moroney, of Washington, D. C. (Francis C. Brown, of Washington, D. C., on the brief), for petitioner.

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

Before THOMAS and JOHNSEN, Circuit Judges, and REEVES, District Judge.

REEVES, District Judge.

This is a proceeding to review an order of the Board of Tax Appeals sustaining a deficiency determination for the year 1936. It is agreed that, during that year, the petitioner embezzled $78,247.05 from the First National Bank, Burlington, Iowa, and that, in addition thereto, he received from market operations on the funds thus embezzled the further sum of $40,673.23. The deficiency determination was predicated upon the aggregate of the sums...

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