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BRAMER v. UNITED STATES

No. 12419.

259 F.2d 717 (1958)

Beatrice B. BRAMER, Cecil B. Mihaly and George C. Brown, Surviving Executors, Estate of S. Eugene Bramer, Deceased, Appellants v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided September 30, 1958.

Attorney(s) appearing for the Case

Samuel Kaufman, Pittsburgh, Pa., for appellants.

Sheldon I. Fink, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., D. Malcolm Anderson, U. S. Atty., Thomas J. Shannon, Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before KALODNER and HASTIE, Circuit Judges and LAYTON, District Judge.

KALODNER, Circuit Judge.

This appeal arises out of a suit to recover income and victory taxes paid by plaintiffs' decedent ("taxpayer") for the year 1943. The District Court denied relief, Kaplan v. United States, 154 F.Supp. 167, and this appeal followed. Two transactions are involved. They are the basis of taxpayer's two causes of action set forth in a single complaint. An issue common to both is whether the taxpayer, who made...

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