ROGAN v. FERRY

No. 10946.

154 F.2d 974 (1946)

ROGAN v. FERRY.

Circuit Court of Appeals, Ninth Circuit.

April 10, 1946.


Attorney(s) appearing for the Case

Sewall Key, Acting Asst. Atty. Gen., Tax Division, A. F. Prescott, James P. Garland and Spurgeon Avakian, Sp. Assts. to Atty. Gen., and Charles H. Carr, U. S. Atty., and Edward H. Mitchell, Asst. U. S. Atty., both of Los Angeles, Cal., for appellant.

Claude I. Parker, Ralph W. Smith, and John Moore Robinson, all of Los Angeles, Cal., for appellee.

Before DENMAN, STEPHENS, and ORR, Circuit Judges.


ORR, Circuit Judge.

The question presented by this appeal is whether a claim, and additions thereto, filed with the Commissioner of Internal Revenue, asking a refund of certain moneys paid by appellee as estate taxes contained the same grounds as those upon which a judgment in appellee's favor was rendered in the trial court.

We will refer herein to appellant as the Government, to appellee as taxpayer, and to the Commissioner of Internal Revenue as Commissioner...

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