WALKER v. THOMAS

No. 9573.

119 F.2d 58 (1941)

WALKER v. THOMAS, Collector of Internal Revenue (two cases).

Circuit Court of Appeals, Fifth Circuit.

April 5, 1941.


Attorney(s) appearing for the Case

T. C. Wilkinson and T. C. Wilkinson, Jr., both of Brownwood, Tex., and John B. King, of Dallas, Tex., for appellant.

Samuel H. Levy and Lester L. Gibson, Sp. Assts. to Atty. Gen., and Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suits were for refund of income taxes assessed upon the restoration to income in 1933, of installment payments made, in prior years, on a conditional sale of stock, rescinded in that year, in accordance with its terms, because of default in payment.

The claim was that, when retaken, the stock was of little value, not more, to wit, than $221,734.02, that they had received on account of it $144,404.10, and that the total, $166,138...

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