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STATE v. COMMONS

6 Div. 419.

66 So.2d 66 (1952)

STATE v. COMMONS.

Supreme Court of Alabama.

Rehearing Denied June 30, 1953.

Attorney(s) appearing for the Case

Si Garrett, Atty. Gen., and H. Grady Tiller and Willard W. Livingston, Asst. Attys. Gen., for appellant.

Arthur D. Shores, Birmingham, for appellee.

STAKELY, Justice.

This appeal grew out of an assessment for income tax for the calendar year 1948 made by the State Department of Revenue against John W. Commons, taxpayer. The taxpayer appealed from the assessment under the provisions of § 140, Title 51, Code of 1940, to the Circuit Court of Jefferson County, in Equity, which rendered a decree in favor of the taxpayer. From this decree this appeal is taken by the State of Alabama, appellant here.

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