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BOOMHOWER v. UNITED STATES

Civ. No. 329.

74 F.Supp. 997 (1947)

BOOMHOWER v. UNITED STATES.

District Court, N. D. Iowa, Central Division.

December 23, 1947.

Attorney(s) appearing for the Case

Leslie L. Boomhower and N. Levinson, both of Mason City, Iowa, for plaintiff.

T. E. Diamond, U. S. Dist. Atty., of Sioux City, Iowa, Wm. B. Danforth, Asst. U. S. Dist. Atty., of Mason City, Iowa, and Ruppert Bingham, Sp. Asst. to the Atty. Gen., for defendant.

GRAVEN, District Judge.

Case involving question as to whether profit made by a lawyer from the sale of lots is taxable as ordinary income resulting from the conducting of a real estate business. The plaintiff, Leslie R. Boomhower, in this action seeks to recover additional income tax assessments made upon him for the years of 1941 and 1943 and paid by him under protest. The transactions involved are sales of lots of land owned by

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