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MURCHIE v. DELANEY

Civ. A. No. 7521.

82 F.Supp. 176 (1949)

MURCHIE v. DELANEY, Collector of Internal Revenue.

United States District Court D. Massachusetts.

January 25, 1949.

Attorney(s) appearing for the Case

R. G. Dodge and W. A. Barrows, both of Boston, Mass., for plaintiff.

William T. McCarthy, U. S. Atty. and W. Arthur Garrity, Jr., Asst. U. S. Atty., both of Boston, Mass., for defendant.

FORD, District Judge.

This is an action by Guy Murchie, as executor of the will of his late wife Ethel Adine Murchie, against Denis W. Delaney, Collector of Internal Revenue, to recover an estate tax alleged to have been illegally collected by the defendant. Both parties agree that the only issue between them is one of the proper construction of the provisions of 26 U.S.C.A. § 861(a), and each has filed a motion for summary judgment on the basis of the pleadings...

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