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DE GUIRE v. HIGGINS

65 F.Supp. 445 (1946)

DE GUIRE v. HIGGINS, Collector of Internal Revenue.

District Court, S. D. New York.

February 1, 1946.

Attorney(s) appearing for the Case

John P. McGrath, of Brooklyn (Denis M. Hurley, of Brooklyn, of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City (Marvin M. Notkins, of New York City, of counsel), for defendant.

CLANCY, District Judge.

Plaintiff's intestate desired to buy out the other stockholders in a manufacturing company and they reduced their agreement to writing. The price of the shares owned by one Fay Moore was fixed at $96,000 and $43,904 of this sum was paid in cash at the execution of the contract. The balance of $52,096 was evidenced by four notes executed by plaintiff's intestate, all dated December 31, 1935. One was for $17,365 due on or before December 31,...

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