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UNITED STATES v. EVERSMAN

No. 9197.

133 F.2d 261 (1943)

UNITED STATES v. EVERSMAN.

Circuit Court of Appeals, Sixth Circuit.

February 11, 1943.

Attorney(s) appearing for the Case

A. A. Armstrong, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, and Harry Marselli, all of Washington, D. C., Donald C. Miller, of Cleveland, Ohio, and Gerald P. Openlander, of Toledo, Ohio, on the brief), for appellant.

Merwyn G. Leatherman, of Toledo, Ohio (Walter A. Eversman, Merwyn G. Leatherman, and Williams, Eversman & Morgan, all of Toledo, Ohio, on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

The Government appeals from a judgment of the district court awarding appellee a refund, with interest, of a collected income tax deficiency assessment for the year 1931.

Appellee is administrator of the estate of his mother, Elizabeth Eversman, deceased, and is her sole heir at law and next of kin. Mrs. Eversman and her son owned, in equal undivided interests, a parcel of improved real estate known as the Wagner property, situated in...

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