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POWELL v. KYLE

No. 19204.

35 F.Supp. 503 (1938)

POWELL v. KYLE, Former Acting Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

February 10, 1938.

Attorney(s) appearing for the Case

J. Warren Brock and Edmonds, Obermayer & Rebmann, all of Philadelphia, Pa., for plaintiff.

Thomas J. Curtin, Asst. U. S. Atty., and J. Cullen Ganey, U. S. Atty., both of Philadelphia, Pa., and J. Leonard Lyons, Sp. Asst. to Atty. Gen., of Washington, D. C., for defendant.

MARIS, District Judge.

This is a suit against the former acting Collector of Internal Revenue at Philadelphia to recover income tax alleged to have been unlawfully exacted for the calendar year 1932. The parties waived a jury trial. From the evidence I make the following special findings of fact:

In his income tax return for the calendar year 1932, plaintiff reported a capital net loss in the amount of $18,263. $16,513 of that amount represented a loss claimed...

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