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COMMISSIONER OF INTERNAL REVENUE v. RUST'S ESTATE

No. 4700.

116 F.2d 636 (1940)

COMMISSIONER OF INTERNAL REVENUE v. RUST'S ESTATE et al.

Circuit Court of Appeals, Fourth Circuit.

December 18, 1940.

Attorney(s) appearing for the Case

Carolyn E. Agger, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. Louis Monarch, Sp. Asst. to Atty. Gen., for petitioner.

Lawrence A. Baker, of Washington, D. C. (Baker, Selby & Ravenel, of Washington, D. C., on the brief), for respondents.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

The Commissioner of Internal Revenue petitions for a review of a decision of the United States Board of Tax Appeals wherein it was held that the taxpayer, now deceased, was entitled to a deduction from gross income on account of the payment on March 31, 1936, of a semi-annual instalment of taxes for the fiscal year ending June 30, 1936, on real estate in Washington, D. C. The taxes had been assessed in 1935, prior to the taxpayer's acquisition...

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