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COATES v. UNITED STATES

No. 254.

111 F.2d 609 (1940)

COATES v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 6, 1940.

Attorney(s) appearing for the Case

Ewing Everett, Malcolm Johnson, and Miller & Chevalier, all of New York City, for appellant.

Samuel O. Clark, Assistant Attorney General, and Sewall Key and Edward H. Hammond, Sp. Assts. to Atty. Gen., for appellee.

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

PATTERSON, Circuit Judge.

The plaintiff in 1931 and 1932 was attorney for a number of villages in the State of New York and received compensation for his services. He reported such compensation in his income tax return for 1931 and paid tax accordingly. For 1932 he also reported such compensation, but after paying the first two installments of tax on the basis called for in the return he made up his mind that compensation as attorney for the villages was not taxable...

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