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PFAFF v. BENDER

No. 19500.

38 F.2d 642 (1929)

PFAFF v. BENDER, Collector of Internal Revenue.

District Court, E. D. Louisiana. New Orleans Division.

December 5, 1929.

Attorney(s) appearing for the Case

Charles E. Dunbar, Jr., and Monte M. Lemann, both of New Orleans, La., for plaintiff.

T. M. Logan Bruns, Asst. U. S. Atty., of New Orleans, La., and W. H. Trigg, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for defendant.

DAWKINS, District Judge.

This suit is for the recovery of $1,348.50, paid under protest as the result of a deficiency assessment on plaintiff's income return for 1927. Plaintiff and his wife lived under the regime of the matrimonial community established by the Louisiana law, and accordingly made separate returns, each for one-half of the total income of the year in question. They were married in this state, and have continued to reside here at all times. All of their...

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