WINANT v. GARDNER

No. 32.

29 F.2d 836 (1928)

WINANT et al. v. GARDNER, Former Collector of Internal Revenue for the First District of New York.

Circuit Court of Appeals, Second Circuit.

December 10, 1928.


Attorney(s) appearing for the Case

Francis L. Durk and Ralph W. Crolly, both of Brooklyn, N. Y., for appellants.

Rowland S. H. Dyer, for appellee.

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


PER CURIAM.

Winant was the sole shareholder, except for 2 out of 200 shares, in a company of which he was president. The company allowed him a salary of $25,000 for the year 1918 and for so much of 1919 as he lived. These payments the company deducted from its income tax returns, and Winant or his executors charged against him in his personal returns, and paid the taxes so calculated without protest or duress as the installments fell due. Later the Commissioner of...

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