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MULQUEEN v. COMMISSIONER OF INTERNAL REVENUE

No. 172.

65 F.2d 365 (1933)

MULQUEEN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

May 8, 1933.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, of New York City (Thomas Gilchrist and Clarence Castimore, both of New York City, of counsel), for plaintiff.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and John G. Remey, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and William E. Davis, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The petitioner is the sole executrix of the will of Michael J. Mulqueen, who died October 12, 1924. He was her husband. He was an attorney at law practicing in the city of New York, and specialized in condemnation proceedings through which the city acquired property for public use. His business was conducted on a contingent basis, which made his fees dependent upon success and the amount a percentage of the award. When he died, some cases were...

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