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WHITTELL v. McLAUGHLIN

No. 5603.

31 F.2d 30 (1929)

WHITTELL v. McLAUGHLIN, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

March 11, 1929.

Attorney(s) appearing for the Case

Charles S. Cushing, O. K. Cushing, Platt Kent, and Walter Slack, all of San Francisco, Cal. (Delger Trowbridge, of San Francisco, Cal., of counsel), for appellant.

George J. Hatfield, U. S. Atty., and George M. Naus and Albert C. Wollenberg, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

DIETRICH, Circuit Judge.

Appellant brought this suit to recover from the appellee, collector of internal revenue, $5,094.79, alleged to have been an overpayment of taxes on account of a gift of corporation stock made by her to her son, George Whittell, Jr., in 1924. Upon a trial below without a jury, her complaint was dismissed.

Appellant is the widow, and George Whittell, Jr., is the only surviving child, of George Whittell, Sr., who died testate in the city...

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