PATTON v. JONAS

No. 12018.

249 F.2d 375 (1957)

Joseph D. PATTON and Constance M. Patton v. Oscar M. JONAS, Collector.

United States Court of Appeals Seventh Circuit.

November 5, 1957.


Attorney(s) appearing for the Case

Richard R. Teschner, Dale L. Sorden, and Laurence C. Hammond, Jr., Milwaukee, Wis., Lines, Spooner & Quarles, Milwaukee, Wis., of counsel, for appellants.

Charles K. Rice, Asst. Atty. Gen., Karl Schmeidler, Attorney, Tax Division, U. S. Department of Justice, Washington, D. C., Edward G. Minor, U. S. Atty., Milwaukee, Wis., Ellis N. Slack, A. F. Prescott, Fred E. Youngman, Attorneys, Department of Justice, Washington, D. C., Francis L. McElligott, Asst. U. S. Atty., Milwaukee, Wis., for appellee.

Before DUFFY, Chief Judge, and LINDLEY and HASTINGS, Circuit Judges.


LINDLEY, Circuit Judge.

This is an appeal from a determination by the district court that certain payments made by plaintiff taxpayer did not constitute "interest paid * * * on indebtedness * * *" within the meaning of Section 23(b) of the Internal Revenue Code of 1939. 26 U.S.C.A. § 23 (b). This, the only problem with which we are confronted, entails a construction on our part of a contract referred to herein as the Lodgewood-Patton agreement, in order that...

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