GOURLEY, Chief Judge.
This is an action for refund of income taxes in the amount of $70,000 for the year 1943, alleged to have been erroneously collected from plaintiffs' decedent.
The following questions are raised:
1. Whether a taxpayer reporting on the cash basis, who borrows money from a third person to pay his creditor a deductible debt, must take his deduction in the year the creditor was paid or in later years when the third party is paid.<...
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