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UNITED STATES v. STROOP

No. 8108.

109 F.2d 891 (1940)

UNITED STATES v. STROOP.

Circuit Court of Appeals, Sixth Circuit.

February 9, 1940.

Attorney(s) appearing for the Case

Maurice J. Mahoney, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key and Leon F. Cooper, Sp. Assts. to Atty. Gen., Francis Canny, of Dayton, Ohio, and Frederic W. Johnson, of Cincinnati, Ohio, on the brief), for appellant.

R. K. Landis, of Dayton, Ohio (McMahon, Corwin, Landis & Markham, of Dayton Ohio, on the brief), for appellee.

Before ALLEN, HAMILTON, and ARANT, Circuit Judges.

HAMILTON, Circuit Judge.

This is an appeal by appellant, United States of America, from a judgment of $3,557.76, awarded appellee, Hannah G. Stroop, because of the overpayment of income taxes for the calendar year 1929.

On October 17, 1928, appellee, settlor, and the National City Bank of New York City, trustee, entered into a trust agreement in the City of New York whereby appellee transferred and set over to the trustee certain securities listed in a schedule...

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