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CRABB v. COMMISSIONER OF INTERNAL REVENUE

No. 10632.

136 F.2d 501 (1943)

CRABB et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

July 2, 1943.

Attorney(s) appearing for the Case

Harry C. Weeks, of Fort Worth, Tex., and Wright Morrow, of Houston, Tex., for petitioners.

Joseph M. Jones, Sewall Key, and Helen R. Carloss, Sp.Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Claude R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Unconvinced and undismayed by three defeats, first in the Board of Tax Appeals,1 next in this court,2 and again in the Tax Court3 on remand for the taking of further evidence,4 petitioners are here again. Arguing with the same undiminished vigor and apparent confidence that the instrument called an instrument of "agency contract...

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