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HILL v. UNITED STATES

No. 4618.

49 F.Supp. 158 (1943)

HILL v. UNITED STATES.

District Court, D. Kansas, First Division.

March 11, 1943.

Attorney(s) appearing for the Case

Earl H. Hatcher, of Topeka, Kan. and Justin D. Bowersock, of Kansas City, Mo. (Bowersock, Fizzell & Rhodes, of Kansas City, Mo., of counsel), for plaintiff.

George H. West, U. S. Atty., of Kansas City, Kan., and Leon F. Cooper, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, Sp. Asst. to the Atty. Gen., and Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., on the brief), for defendant.

HOPKINS, District Judge.

The action is one brought by Irving Hill, surviving trustee of a trust which was formed at Lawrence, Kansas, wherein Irving Hill and Paul A. Dinsmoor were trustees, against the United States of America, to recover the sum of $13,216.87, with interest, which sum the Commissioner of Internal Revenue had required the two trustees to pay to the government as income taxes for the years 1936, 1937, and 1938, on the ground that the trust was an association...

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