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ARGO v. COMMISSIONER OF INTERNAL REVENUE

No. 11276.

150 F.2d 67 (1945)

ARGO v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

Writ of Certiorari Denied November 5, 1945.

Attorney(s) appearing for the Case

Douglas Arant, of Birmingham, Ala., and H. Cecil Kilpatrick, of Washington, D. C., for petitioner.

Helen R. Carloss, Sewall Key, and Leonard Sarner, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Rollin H. Transue, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before HOLMES, McCORD, and LEE, Circuit Judges.

Writ of Certiorari Denied November 5, 1945. See 66 S.Ct. 144.

McCORD, Circuit Judge.

The two appeals involve income tax liability of petitioner for the calendar years 1938, 1939 and 1940, and were consolidated for hearing before the Tax Court, and on appeal for review are before this court in one record.

The questions presented and upon which decision must turn are (1) Whether the Commissioner is precluded from attacking the recognition of a family...

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