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PITMAN v. COMMISSIONER OF INTERNAL REVENUE

No. 745.

64 F.2d 740 (1933)

PITMAN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

April 12, 1933.

Attorney(s) appearing for the Case

James D. Simms, of Wewoka, Okl. (Wesley D. Simms, of Muskogee, Okl., on the brief), for petitioner.

John G. Remey, Sp. Asst. to the Atty. Gen. (G. A. Youngquist, Asst. Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and T. M. Mather, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., and J. Louis Monarch, Sp. Asst. to the Atty. Gen., on the brief), for respondent.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal from a decision of the Board of Tax Appeals. Petitioner is a full-blood member of the Creek Tribe of Indians, enrolled opposite No. 1833. She was married to Robert L. Pitman, Sr., a white man. There was born of this marriage a son, Robert Pitman, Jr. He was duly enrolled as a half-blood member of the Creek Nation. Petitioner was divorced from Pitman, Sr., in 1911. Pitman, Jr., was allotted 38.79 acres of land as a homestead...

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