RICHARDSON v. SMITH

No. 190.

102 F.2d 697 (1939)

RICHARDSON v. SMITH, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

March 10, 1939.


Attorney(s) appearing for the Case

White & Case, of New York City (Charles E. Hughes, Jr., Joseph M. Hartfield, Josiah Willard, and Holt S. McKinney, all of New York City, of counsel), for plaintiff.

James W. Morris, Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and James E. Murphy, Sp. Assts. to Atty. Gen., Robert P. Butler, U. S. Atty., and Louis Y. Gaberman, Asst. U. S. Atty., both of Hartford, Conn., for appellee.

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


L. HAND, Circuit Judge.

This case comes up on an appeal from a judgment for the defendant in an action for money had, brought by a taxpayer against a collector of internal revenue. It was tried by consent to a judge who made findings of fact, and decided that the taxes paid had in fact been due; that is the only question before us, and in deciding it we shall not go behind the findings. The Commissioner of Internal Revenue included within Richardson's income for the...

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