¶1Snowden, Davis, Brown, McCloy & Donelson, Memphis, Tenn., for appellant.
¶2John Brown, Memphis, Tenn., Theron L. Caudle, Charles Oliphant, Washington, D. C., for appellee.
¶3Before SIMONS, ALLEN and MILLER, Circuit Judges.
¶5This appeal was heard upon the record, briefs and argument of respective counsel;
¶6And the Court being of the opinion that the findings of fact by the District Judge are supported by the evidence and are not clearly erroneous, and that there is no error in his conclusions of law based thereon, 85 F.Supp. 838; Lazier v. United States, 8 Cir., 170 F.2d 521; Sic v. Commissioner, 8 Cir., 177 F.2d 469; Pettit v. Commissioner, 5 Cir., 175 F.2d 195; Baruch v. Commissioner, 11 T.C. 96, affirmed, 2 Cir., 178 F.2d 402.
¶7It is ordered that the judgment of the District Court be and is affirmed.