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JOHNSTON v. COMMISSIONER OF INTERNAL REVENUE

No. 10976.

180 F.2d 355 (1950)

George L. JOHNSTON, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

February 14, 1950.

Attorney(s) appearing for the Case

Ralph W. Barbier, Berry, Stevens, Barbier & Evely, Detroit, Mich., for petitioner.

Theron L. Caudle, Charles Oliphant, John M. Morawski, Ellis N. Slack, and S. Dee Hanson, Washington, D. C., for respondent.

Before SIMONS, MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This appeal was heard upon the record, briefs and argument of respective counsel;

And the Court being of the opinion that the decision herein is controlled by the prior ruling of this Court in Weizer v. Commissioner, 6 Cir., 165 F.2d 772, to which the Tax Court did not refer in its opinion, and by the ruling of the Supreme Court in Commissioner of Internal Revenue v. Culbertson, 337 U.S. 733

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