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McDONALD v. COMMISSIONER

No. 36.

323 U.S. 57 (1944)

65 S.Ct. 96

89 L.Ed. 68

McDONALD v. COMMISSIONER OF INTERNAL REVENUE.

Supreme Court of United States.

Decided November 20, 1944.

Attorney(s) appearing for the Case

Mr. Frederick E.S. Morrison, with whom Mr. John W. Bodine was on the brief, for petitioner.

Mr. Ralph F. Fuchs, with whom Solicitor General Fahy, Mr. Sewall Key and Miss Helen R. Carloss were on the brief, for respondent.

MR. JUSTICE FRANKFURTER announced the conclusion and judgment of the Court, and an opinion in which the CHIEF JUSTICE, MR. JUSTICE ROBERTS and MR. JUSTICE JACKSON concur.

This is a controversy concerning a deficiency in petitioner's income tax for 1939.

In December 1938, the Governor of Pennsylvania appointed petitioner to serve an unexpired term as Judge of the Court of Common Pleas of Luzerne County. Under Pennsylvania law such an interim judgeship is filled...

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