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EAKINS v. UNITED STATES

No. 2876.

36 F.2d 961 (1930)

EAKINS v. UNITED STATES.

District Court, E. D. New York.

January 3, 1930.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Theodore Kiendl, of New York City, of counsel), for petitioner.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Albert D. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Eldon O. Hanson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States.

GALSTON, District Judge.

The petitioner brings this action for the recovery of federal income taxes for the years 1917 and 1918, in the total amount of $56,336.33, with interest, on the claim that the money was illegally collected from her.

In her income tax return for the year 1917, the petitioner included, as part of her gross income, salary in the amount of $155,872.06, received from J. S. & W. R. Eakins, Inc.; for the year 1918 she reported salary...

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