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CHURCHILL v. WELCH

No. 5757-M.

12 F.Supp. 174 (1934)

CHURCHILL et al. v. WELCH, Collector of Internal Revenue.

District Court, S. D. California, Central Division.

October 30, 1934.

Attorney(s) appearing for the Case

Todd W. Johnson and Philip D. Johnston, both of Los Angeles, Cal., for plaintiffs.

Peirson M. Hall, U. S. Atty., Hugh L. Dickson, Asst. U. S. Atty., Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, and Alva C. Baird, Asst. U. S. Atty., all of Los Angeles, Cal., for defendant.

McCORMICK, District Judge.

This is an action for the refund of federal income taxes paid for the period January 1, 1930, to April 9, 1930, by the plaintiff executors on behalf of their testatrix, under applicable provisions of the Revenue Acts of 1926 and 1928, respectively.

The cause has been submitted upon an agreed statement of facts. They may be epitomized as follows:

Alice E. Burton died April 9, 1930. Prior to March 1, 1913, she owned real property...

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