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IN RE HOLLOWAY'S ESTATE

No. 12033.

175 F.2d 672 (1949)

In re HOLLOWAY'S ESTATE. HOLLOWAY v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Ninth Circuit.

June 14, 1949.

Attorney(s) appearing for the Case

A. Calder Mackay, Arthur McGregor, Howard W. Reynolds and Adam Y. Bennion, Los Angeles, Cal., for petitioner.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Louise Foster and Carlton Fox, Sp. Assts. to the Atty. Gen., for respondent.

Before: DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

BONE, Circuit Judge.

Decedent, in 1932, obtained work near Lost Hills, California as night watchman for an oil company. He was then 63 years of age. He lived in a small galvanized iron shack in which he built a bed of rough lumber and to which he piped water, constructing a stove of an oil drum using gasoline for fuel. Following an injury in 1933, his wife, then 57, joined him. Current expenses exhausted his entire $100 per...

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