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SIMMS v. ANDREWS

No. 2121.

118 F.2d 803 (1941)

SIMMS v. ANDREWS, Deputy Collector of Internal Revenue, et al.

Circuit Court of Appeals, Tenth Circuit.

April 3, 1941.

Attorney(s) appearing for the Case

Harold E. Rorschach, of Tulsa, Okl. (Goldesberry & Klein, of Tulsa, Okl., Jack L. Rorschach, of Vinita, Okl., and Harold C. Harper, of Tulsa, Okl., on the brief), for appellant.

Warren F. Wattles, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Whit Y. Mauzy, U. S. Atty. and Chester A. Brewer, Asst. U. S. Atty., both of Tulsa, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This controversy centers around an effort by the United States government to collect a deficiency assessment of income taxes from Hazel D. Woodward Bradshaw, for the years 1923, 1925 and 1928. The tax for 1928 has been paid and is not involved in this appeal.

Hazel D. Woodward Hawks Bradshaw, now Taylor, is a Creek Indian allottee, who was possessed of a sizeable fortune. She executed a declaration of trust whereby she conveyed her property...

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