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WEHE v. McLAUGHLIN

No. 5538.

30 F.2d 217 (1929)

WEHE v. McLAUGHLIN, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

January 14, 1929.

Attorney(s) appearing for the Case

Carlo S. Morbio and Frank R. Wehe, both of San Francisco, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., and Geo. M. Naus, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GILBERT and DIETRICH, Circuit Judges, and LOUDERBACK, District Judge.

DIETRICH, Circuit Judge.

The appellant (plaintiff below) was at all times herein mentioned a married man residing in the state of California, where he was engaged in the practice of his profession as a lawyer. Upon the assumption that such was their right, he and his wife made separate returns for the year 1920, each returning one-half of plaintiff's professional earnings. The Department, taking the view that the whole of the income was returnable by the plaintiff...

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