CHARLES v. UNITED STATES

No. 43420.

21 F.Supp. 366 (1937)

CHARLES v. UNITED STATES.

Court of Claims.

December 6, 1937.


Attorney(s) appearing for the Case

Louis Cohen, of Washington, D. C., for plaintiff.

George H. Foster, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

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


GREEN, Judge.

The question to be determined in this case is whether the income of a referee in bankruptcy arising out of fees paid to him for services in that capacity is subject to an income tax. The plaintiff contends that he is a judicial officer and that the provision of the Constitution (article 3, § 1) with reference to judges providing that their compensation shall not be diminished during their continuance...

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