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ROGAN v. KAMMERDINER

No. 10351.

140 F.2d 569 (1944)

ROGAN v. KAMMERDINER.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 31, 1944.

Attorney(s) appearing for the Case

Samuel O. Clark, Asst. Atty. Gen., Sewall Key, Helen R. Carloss, Helen Goodner, and Fred E. Youngman, Sp. Assts. to Atty. Gen., and Leo V. Silverstein, U. S. Atty., and E. H. Mitchell, Asst. U. S. Atty., both of Los Angeles, Cal., for appellant.

Claude I. Parker and Ralph W. Smith, both of Los Angeles, Cal. (W. H. H. Gentry, of Los Angeles, of counsel), for appellee.

Before WILBUR, MATHEWS, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

This action was brought by the appellee to recover federal estate taxes in the amount of $22,090.65 erroneously assessed and collected by Nat Rogan, Collector of Internal Revenue for the Sixth District of California, on May 10, 1938. The tax upon the property of the estate of appellee's deceased spouse, which is involved in this proceeding, is that upon her half interest in property which was held in joint tenancy by the appellee and his wife...

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