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TODD v. UNITED STATES

No. J-374.

46 F.2d 589 (1931)

TODD v. UNITED STATES.

Court of Claims.

February 9, 1931.

Attorney(s) appearing for the Case

Chas. Stewart Davison, of New York City, for plaintiff.

Joseph H. Sheppard, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (Wm. T. Sabine, Jr., of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, WHALEY, LITTLETON, and WILLIAMS, Judges.

GREEN, Judge.

The plaintiff is the executrix of the estate of Joseph White Todd, deceased, and brings this suit to recover $6,000 and interest alleged to have been wrongfully collected as part of the tax levied against the estate of the decedent. The deceased was a nonresident alien, and the question in controversy in the case is whether a certain transaction had by him in the city of New York amounted to a loan of money or was a deposit in a bank. The Commissioner...

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