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HELVERING v. PRENTICE

No. 7750.

130 F.2d 754 (1942)

Guy T. HELVERING, Com'r of Internal Revenue, Petitioner, v. Bernon S. PRENTICE, Respondent.

Circuit Court of Appeals, Third Circuit.

Decided September 28, 1942.

Rehearing Granted October 30, 1942.

Attorney(s) appearing for the Case

Morton K. Rothschild, 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.

Thomas M. Wilkins, of Washington, D. C. (Frank S. Harman, of New York City, on the brief), for respondent.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

PER CURIAM.

The case at bar is ruled by the decision of this court in Helvering v. Wilmington Trust Co., 3 Cir., 124 F.2d 156, 158, reversed by the Supreme Court on another point. See Wilmington Trust Co. v. Helvering, 316 U.S. 164, 62 S.Ct. 984, 86 L. Ed. ___. The review in the cited case was expressly limited by the Supreme Court to but one question and did not affect this court's ruling as to the...

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