BULLARD v. UNITED STATES

No. 126.

146 F.2d 386 (1944)

BULLARD et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 22, 1944.


Attorney(s) appearing for the Case

Ralph Royall and Ehrich, Royall, Wheeler & Holland, all of New York City, for appellants.

John B. Creegan and John F. X. McGohey, U. S. Atty., both of New York City, for appellee.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This is an action to recover income taxes, erroneously collected for the year 1940; the question is whether the plaintiffs, as executors, were denied a proper deduction. The stipulated facts were in substance as follows. The plaintiffs' testator, Percy Bullard, in 1929 bought 1250 shares of stock in a corporation, which owned and managed an apartment house in New York; and at the same time he signed a lease with the corporation for an apartment...

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