WILSON v. UNITED STATES

No. 8875.

100 F.2d 552 (1938)

WILSON et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 23, 1938.


Attorney(s) appearing for the Case

Joseph C. Meyerstein, of San Francisco, Cal., for appellants.

James W. Morris, Asst. U. S. Atty. Gen., Sewall Key, J. Louis Monarch, Morton K. Rothschild, and Louise Foster, Sp. Assts. to the Atty. Gen., and Frank J. Hennessy, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for the United States.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

The court below decreed that funds transferred by a decedent to appellants constituted a trust fund for the payment of debts owing by decedent including the amounts decedent owed for income taxes, and rendered judgment against appellants for the amount of the taxes.

On March 12, 1919, Henry Wilson, the decedent, filed his income tax return for the year 1918, and paid the tax shown on the return. On March 15, 1920, decedent filed his income...

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