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MARKS v. UNITED STATES

No. 271.

98 F.2d 564 (1938)

MARKS v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 18, 1938.

Attorney(s) appearing for the Case

Smyth & Smyth, Jr., and Melvyn Gordon Lowenstein, all of New York City (Herbert C. Smyth, Jr., and George Natanson, both of New York City, of counsel), for appellant.

Lamar Hardy, U.S. Atty., of New York City (Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The first cause of action, which alone concerns this appeal, is brought by a taxpayer to recover $9,298.41, with interest from December 15, 1930, being a portion of the tax paid on his 1929 income that is alleged to have been "illegally and wrongfully assessed and collected." The only item of income involved is that arising from a sale by the taxpayer in March, 1929, to Alfred Blumenthal of one-fourth of an additional membership in...

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