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BENN v. COMMISSIONER OF INTERNAL REVENUE

No. 22332.

368 F.2d 230 (1966)

James T. BENN, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

November 15, 1966.

Attorney(s) appearing for the Case

William H. Deck, John Glandon Davies, Washington, D. C., for petitioner.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Mitchell Rogovin, Chief Counsel, I.R.S., Glen E. Hardy, Atty., I.R.S., Richard M. Roberts, Act. Asst. Atty. Gen., Thomas L. Stapleton, David O. Walter, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before TUTTLE, Chief Judge, and BROWN and GODBOLD, Circuit Judges.

PER CURIAM:

The Petition for Rehearing of 366 F.2d 778 and Reconsideration is denied.

This petition complains of the fact that, in its prior decision, this Court stated that all the issues were issues of fact, without commenting upon the mixed issues of law and fact, and the legal determinations of the Tax Court, of which it complains. The opinion by this Court is amended to read as follows:

The Tax Court correctly...

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