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FARNSWORTH v. C. I. R.

Nos. 12703, 12704.

270 F.2d 660 (1959)

Gertrude A. FARNSWORTH and Gertrude Adams Farnsworth, James D. Carpenter and Robert M. Sharpe, Executors of the Last Will and Testament of Daniel Williams Farnsworth, Deceased, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent (two cases).

United States Court of Appeals Third Circuit.

Reargued June 11, 1959.

Decided October 9, 1959.

Attorney(s) appearing for the Case

James D. Carpenter, Jersey City, N. J. (Carpenter, Bennett & Morrissey, Jersey City, N. J., Milton A. Dauber, Jersey City, N. J., on the brief), for petitioners.

Carter Bledsoe, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

In these cases the petitioners-taxpayers, the executors of the decedent Farnsworth,1 the senior or managing partner in a series of partnerships styled "Farnsworth & Farnsworth" over a number of years, seek to deduct from Farnsworth's federal income tax bases for the years 1952 and 1953 amounts paid by him to the State of New York by way of compromise of claims asserted...

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