INCH, District Judge.
In this action plaintiff seeks a refund of income taxes because of a disallowance by the Commissioner of Internal Revenue of attorneys' fees paid by plaintiff in connection with plaintiff's obligations under certain separation and alimony agreements.
The case has been submitted on an agreed statement of facts which may be summarized as follows:
Plaintiff married one Jessie Lines in 1911. In 1932 they separated and while living...
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