CRABB v. COMMISSIONER OF INTERNAL REVENUE

No. 9661.

121 F.2d 1015 (1941)

CRABB et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

July 25, 1941.


Attorney(s) appearing for the Case

Harry C. Weeks, of Fort Worth, Tex., and Wright Morrow, of Houston, Tex., for petitioners.

Helen R. Carloss, Sewall Key, and Joseph M. Jones, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Claude R. Marshall, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

The new contention in the motion for rehearing is that the bonuses involved, whether received in 1934 or 1936, have been dealt with by us on a theory different from that on which the case was tried before the Board, which is not permissible; or if permissible, should result not in simple affirmance but a re-reference. Both the Board and this court have held the bonuses to be individual and not community...

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