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OESTERREICH v. COMMISSIONER OF INTERNAL REVENUE

No. 13924.

226 F.2d 798 (1955)

Walburga OESTERREICH, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

October 29, 1955.

Attorney(s) appearing for the Case

Charles I. Rosin, Los Angeles, Cal., for appellant.

Murray M. Chotiner, Albert Jack Chotiner & Russell E. Parsons, Beverly Hills, Cal., for amicus curiae Wilshire Holding Corp.

H. Brian Holland, Asst. Atty. Gen., Joseph F. Goetten, Ellis N. Slack, Sp. Assts. to Atty. Gen., John Potts Barnes, Chief Counsel, Internal Revenue Service, Chicago, Ill., for respondent.

Before FEE and CHAMBERS, Circuit Judges, and LING, District Judge.

LING, District Judge.

This case is here on petition to review a decision of the Tax Court relating to a deficiency assessment. The following facts are not in dispute.

Petitioner, Walburga Oesterreich, acquired three adjoining lots, 552, 553 and 554, in January, 1926. One of the lots was on the corner of Wilshire Boulevard and Hamilton Drive in Beverly Hills, California.

Wilshire Amusement Corporation was incorporated in 1929 by Albert H. and Albert...

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