McGEE v. NEE

No. 11673.

113 F.2d 543 (1940)

McGEE v. NEE, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

July 22, 1940.


Attorney(s) appearing for the Case

John B. Gage and Albert F. Hillix, both of Kansas City, Mo., for appellant.

Carlton Fox, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and William L. Cary, Sp. Assts. to Atty. Gen., and Richard K. Phelps, Acting U. S. Atty. and Thomas A. Costolow, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a judgment for the defendant (appellee) in an action brought by appellant, a taxpayer, to recover $576.11, an alleged overpayment of income taxes for the year 1936. The record in this Court consists of the complaint, the answer, the findings of fact and declarations of law and the judgment.

The taxpayer in his complaint, after stating the jurisdictional facts, alleged in substance: that he was a partner in the firm...

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