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BLAIR v. MATHEWS

Nos. 5466, 5475.

29 F.2d 892 (1928)

BLAIR, Commissioner of Internal Revenue, v. MATHEWS. MATHEWS v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

December 20, 1928.

Attorney(s) appearing for the Case

In No. 5466:

Mabel Walker Willebrandt, Asst. Atty. Gen., Helen R. Carloss, Sp. Asst. Atty. Gen., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and V. J. Heffernan, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., and Sewall Key, Sp. Asst. Atty. Gen., for petitioner.

John E. Mathews, of Jacksonville, Fla. for respondent.

In No. 5475:

John E. Mathews, of Jacksonville, Fla., and George Palmer Garrett, of Orlando, Fla. as Amicus Curiæ, for petitioner.

Mabel Walker Willebrandt, Asst. Atty. Gen., Helen R. Carloss, Sp. Asst. Atty. Gen., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., Sewall Key, Sp. Asst. Atty. Gen., and V. J. Heffernan, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for respondent.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

On January 3, 1923, John E. Mathews (herein referred to as the taxpayer) became county attorney of Duval county, Florida, under a contract or arrangement between him and the board of county commissioners of that county, which provided for his attending to all legal matters for the county, for his receiving $200 per month as his compensation for attending all meetings of the board and giving advice concerning all routine matters coming before...

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