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BODDEN v. COMMISSIONER OF INTERNAL REVENUE

No. 13039.

182 F.2d 624 (1950)

BODDEN v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

June 9, 1950.

Attorney(s) appearing for the Case

Scott P. Crampton, Geo. E. H. Goodner, Washington, D. C., for petitioner.

Francis W. Sams, Ellis N. Slack, Melva M. Graney, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Charles Oliphant, Chief Counsel, Bureau of Internal Revenue, John M. Morawski, Sp. Atty., Bureau of Internal Revenue, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and McCORD and RUSSELL, Circuit Judges.

PER CURIAM.

When this case was submitted to, and decided by the Tax Court, the case of Commissioner of Internal Revenue v. Culbertson, 337 U.S. 733, 69 S.Ct. 1210, 93 L.Ed. 1659, had not been decided, and the questions arising in this case were decided and the facts determined by the Tax Court without the benefit of that decision.

We are of the opinion that before considering the petition for review of the Tax Court's decision...

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