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BRUDNO v. COMMISSIONER OF INTERNAL REVENUE

No. 9492.

138 F.2d 779 (1943)

BRUDNO et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

November 29, 1943.

Attorney(s) appearing for the Case

Irwin N. Loeser, of Cleveland, Ohio (Ezra Brudno and Irwin N. Loeser, both of Cleveland, Ohio, on the brief), for petitioners.

Irving Axelrod, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, Samuel H. Levy, and Irving I. Axelrod, all of Washington, D. C., on the brief), for respondent.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

Petitioners, husband and wife, were owners of several apartment buildings. About 1929, they owed approximately $70,000 to various banks. The debt was unsecured and, upon demands from the creditors, petitioners borrowed $78,000 from the mother of Mrs. Brudno. Thereafter, they required additional funds from her and, in order to procure them, offered security in the form of a mortgage, which was not acceptable. It was finally agreed that petitioners...

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