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BACON v. HOPKINS

No. 3940.

27 F.2d 140 (1928)

BACON v. HOPKINS, Collector of Internal Revenue.

District Court, N. D. Texas, Dallas Division.

June 26, 1928.

Attorney(s) appearing for the Case

Thompson, Knight, Baker & Harris and Rhodes S. Baker, all of Dallas, Tex., Weeks, Morrow, Francis & Hankerson and Harry C. Weeks, all of Wichita Falls, Tex., and R. C. Fulbright, Baker, Botts, Parker & Garwood, and Palmer Hutcheson, all of Houston, Tex., for plaintiff.

N. A. Dodge, U. S. Atty., of Fort Worth, Tex., and Thomas H. Lewis, Jr., Sp. Atty., Internal Revenue Department, of Washington, D. C., for defendant.

ATWELL, District Judge.

This case grows out of a difference between the taxpayer and the taxgatherer over the meaning of the Revenue Law as to the joint income of the husband and wife, known to the law as community property. The plaintiff claims the right to divide the year's earnings, after lawful deductions, into two funds, one of which is his, and the other of which belongs to his wife, and to calculate the amount due the government upon each of these two smaller...

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