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Elizabeth J. FROEHLINGER, Appellant, v. UNITED STATES of America, Appellee

United States Court of Appeals for the Fourth Circuit1964-04-20No. No. 9093
331 F.2d 849

Authorities cited

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Opinion

majority opinion

PER CURIAM.

It was for the district court to determine the ultimate issue of fact as to whether or not the payment was a gift or compensation. It found as a fact that the payment was compensation. Froehlinger v. United States, 217 F.Supp. 13 (D.C.Md. 1963). That finding of ultimate fact is binding upon us. Commissioner v. Du-berstein, 363 U.S. 278, 80 S.Ct. 1190, 4 L.Ed.2d 1218 (1960); Poyner v. C. I. R., 301 F.2d 287 (4th Cir. 1962). Affirmed.