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GIMBEL v. ROTHENSIES

No. 19904.

24 F.Supp. 117 (1938)

GIMBEL v. ROTHENSIES, Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

July 21, 1938.

Attorney(s) appearing for the Case

Albert S. Lisenby and Weill, Nesbit & Lisenby, all of Philadelphia, Pa., for plaintiff.

Thomas J. Curtin, Asst. U. S. Atty., of Philadelphia, Pa., J. Cullen Ganey, U. S. Atty., of Bethlehem, Pa., Andrew D. Sharpe and W. Croft Jennings, Sp. Assts. to Atty. Gen., and James W. Morris, Asst. Atty. Gen., for defendant.

MARIS, Circuit Judge.

This is a suit by Daniel Gimbel, a resident of Philadelphia, against the Collector of Internal Revenue for the First District of Pennsylvania to recover certain income taxes alleged to have been erroneously paid for the years 1929, 1930 and 1931. A jury trial was waived by agreement. The plaintiff's claim is based upon the alleged erroneous disallowance of a loss which he claims to have sustained in one or another of those years by reason of...

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