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201 F.2d 367

Docket No. 14183.

Commissioner v. Fain

Fifth Circuit Court of Appeals

Decided Jan. 20, 1953.

Fifth Circuit Court of Appeals · decided 1953-01-20

2 counsel of record

Relies on Arrowsmith v. Commissioner · United States of America Ex Rel. Edward A. Woydakowski v. Cornelius J. Burke, Warden Eastern State Penitentiary

Decided 1953-01-20

¶1Ellis N. Slack, Acting Asst. Atty. Gen., Morton K. Rothschild, Sp. Asst, to Atty. Gen., and Charles W. Davis, Chief Counsel, Bureau of Internal Revenue, Washington, D. C., for petitioner.

¶2Harry C. Weeks, Fort Worth, Tex., for respondents.

¶3Before PIUTCHESON, Chief Judge, and STRUM and RIVES, Circuit Judges.

¶4PER CURTAM.

¶5This cause came on to he heard upon the joint stipulation of counsel for the parties, that the decisions of the Tax Court of the United States in the above entitled and numbered consolidated causes be reversed and that the cases be remanded to the said Tax Court for further proceedings in accordance with the opinion of the Supreme Court of the United States in Arrowsmith v. Commissioner, 344 U.S. 6, 73 S.Ct. 71, and by the decision of this Court in United States v. Eastland, 5 Cir., 199 F.2d 956.

¶6On consideration whereof, it is now here ordered and adjudged by this Court in accordance with said stipulation, that the decisions of the Tax Court of the United States in the above entitled and numbered consolidated causes, be and the same are hereby reversed, and that said consolidated causes be remanded to the said Tax ‘Court for further proceedings in accordance with the opinions in Arrowsmith v. Commissioner and United States v. Eastland, supra.

¶7Reversed and remanded on joint stipulation.

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