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VAN EVERY v. COMMISSIONER OF INTERNAL REVENUE

No. 9256.

108 F.2d 650 (1940)

VAN EVERY v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

January 5, 1940.

Attorney(s) appearing for the Case

Edward L. Conroy and Don Conroy, both of Los Angeles, Cal., for petitioner.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Ellis Slack, and Louise Foster, Sp. Assts. to Atty. Gen., for respondent.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

The question presented to this court in this petition is whether the petitioner was required to report, as belonging to him individually, all salary received by him subsequent to a property settlement agreement dated July 6, 1935, or if such salary could be returned by the petitioner and Ellen C. Van Every on a community basis.

The facts were stipulated. The petitioner and Ellen C. Van Every were husband and wife for several years...

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