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Herring v. Commissioner of Internal Revenue

Circuit Court of Appeals, Fifth Circuit
Apr 24, 1934
70 F.2d 790 (5th Cir. 1934)

Opinion

No. 7215.

April 24, 1934.

Petition for Review of Decision of the United States Board of Tax Appeals (District of Texas).

Robert Ash, of Washington, D.C., for petitioner.

Sewall Key and Milford S. Zimmerman, Sp. Assts. to Atty. Gen., and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, and Frank B. Schlosser, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., for respondent.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.


The parties to the above numbered and entitled cause by written stipulation filed therein having agreed that the decision of this court in the cause, numbered 7214 [ 70 F.2d 785] on the docket of this court, wherein William E. Herring is petitioner and the Commissioner of Internal Revenue is respondent, will control and be accepted by the parties to the first above numbered and entitled cause as the decision of this court; and this court having rendered its decision in said cause numbered 7214, wherein William E. Herring is petitioner and the Commissioner of Internal Revenue is respondent, whereby the petition for review therein was denied; it is ordered that the petition for review in the first above-mentioned and entitled cause be, and the same is, denied.

SIBLEY, Circuit Judge, dissenting.


Summaries of

Herring v. Commissioner of Internal Revenue

Circuit Court of Appeals, Fifth Circuit
Apr 24, 1934
70 F.2d 790 (5th Cir. 1934)
Case details for

Herring v. Commissioner of Internal Revenue

Case Details

Full title:Eula Day HERRING v. COMMISSIONER OF INTERNAL REVENUE

Court:Circuit Court of Appeals, Fifth Circuit

Date published: Apr 24, 1934

Citations

70 F.2d 790 (5th Cir. 1934)