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EDMUNDS v. UNITED STATES

No. 4293.

71 F.Supp. 29 (1947)

EDMUNDS v. UNITED STATES.

District Court, E. D. Missouri, E. D.

April 4, 1947.

Attorney(s) appearing for the Case

Homer Hall, of St. Louis, Mo., for plaintiff.

Sewall Key, Acting Asst. Atty. Gen., Wm. B. Waldo and Andrew D. Sharpe, Sp. Assts. to Atty. Gen., Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Rosemary M. Ramsey, Asst. U. S. Atty., of St. Louis, Mo., for defendant.

HULEN, District Judge.

The question here presented is whether $8,999.51 (resulting in a tax of $3,270.97), admittedly expended for legal services by plaintiff, is deductible from her gross income for the year 1941, under Section 23 (a) (2) of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 23(a) (2). The facts are not in dispute. Kate M. Howard, mother of plaintiff, died in 1923 a resident of Missouri. There was included in

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