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Wistar v. Commissioner of Internal Reveneue

CIRCUIT COURT OF APPEALS, SECOND CIRCUIT


June 9, 1930

R. W. WISTAR, PETITIONER,
v.
COMMISSIONER OF INTERNAL REVENEUE, RESPONDENT; FREDERICK S. UNDERHILL, PETITIONER, V. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

Appeal from the United States Board of Tax Appeals.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

Per Curiam.

The petitioners are alleged to be inhabitants, Wistar, of New Jersey, and Underhill, of Pennsylvania.There are no stipulations in the records that the petitions shall be heard by this court. That would, however, make no difference, since we have held in Massachusetts Fire & Marine Ins. Co. v. Commissioner, 42 F.2d 189, handed down June 9, 1930, that section 1225 (d) of title 26, U. S. Code (26 USCA ยง 1225 (d), does not allow the parties to choose the venue of such cases at their pleasure in any Circuit Court of Appeals. On the authority of that decision, the petitions are dismissed for lack of jurisdiction.

Petitions dismissed for lack of jurisdiction.

19300609

© 1998 VersusLaw Inc.



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