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ZIMBALIST v. ANDERSON

23 F.2d 328 (1928)

ZIMBALIST v. ANDERSON, Collector of Internal Revenue.

District Court, S. D. New York.

January 3, 1928.

Attorney(s) appearing for the Case

Mark Eisner, of New York City (Ferdinand Tannenbaum, of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., and Samuel C. Coleman, Asst. U. S. Atty., both of New York City, for defendant.

COLEMAN, District Judge.

This is an action to recover $6,792, paid by plaintiff as part of her excess profits tax for the year 1917. She was a professional singer, and her income was in part derived from the sale of phonograph records of her voice. The sole question now presented is as to what sales should be included in the excess profits tax for that year.

In 1915 she made a contract with the Victor Talking Machine Company for a period of 10 years, in which...

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