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GRANT v. BUSEY

No. 12447.

230 F.2d 290 (1956)

Esther E. GRANT and Dorothy Ebersbach, Co-Executrices of the Estate of Charles Ebersbach, Deceased, Appellants, v. Harry F. BUSEY, Collector of Internal Revenue, Appellee.

United States Court of Appeals Sixth Circuit.

February 14, 1956.

Attorney(s) appearing for the Case

Roger K. Powell, Columbus, Ohio, for appellants.

Carolyn Just, Washington, D. C. (H. Brian Holland, Ellis N. Slack, Washington, D. C., Hugh K. Martin, Loren G. Windom, Columbus, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

Charles Ebersbach, appellants' decedent, was a partner in the firm of Ebersbach Construction Company. The partnership reported its income on a fiscal year basis, from October 1 to September 30. Mr. Ebersbach died on August 9, 1943. His executrices included in his final income tax return for the period January 1, 1943, to August 9, 1943, the date of his death, the distributive share of the partnership income, which was determined on September...

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