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71 F.2d 998

Docket No. 5030.

Avery v. Commissioner

Seventh Circuit Court of Appeals

Decided June 11, 1934.

Seventh Circuit Court of Appeals · decided 1934-06-11

4 counsel of record

Relies on Avery v. Commissioner · Fitzpatrick v. Stevenson · Avery v. Commissioner

Opinion by (per_curiam) · Decided 1934-06-11

¶1Leland K. Neeves, of Chicago, Ill., for petitioner.

¶2*999Frank J. Wideman, of Washington, D. C., for respondent.

¶3Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

¶4PER CURIAM.

¶5The mandate of the Supreme Court of the United States having been filed directing the reversal of the judgment of affirmance, entered in this cause by this court on October 26, 1933, 67 F.(2d) 310, it is ordered that the mandate of this court;, issued to the Boai'd of Tax Appeals on November 23, 1933, bo, and the same is hereby, recalled, and that the said judgment of affirmance, he, and the same is hereby, vacated and set aside.

¶6Pursuant to the said mandate of the Supreme Court, it is ordered and adjudged by this court that the decision of the United States Board of Tax Appeals, entered in this cause on February 2, 1933, he, and the same is hereby, reversed, and that this cause be, and the same is hereby, remanded to the said Board of Tax Appeals for further proceedings in accordance with the opinion of the Supreme Court of the United States. 54 S. Ct. 674, 78 L. Ed. 1216.

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