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MUHLEMAN v. HOEY

No. 88.

124 F.2d 414 (1942)

MUHLEMAN et al. v. HOEY, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

January 8, 1942.

Attorney(s) appearing for the Case

Larkin, Rathbone & Perry, of New York City (Theodore Pearson, John W. Drye, Jr., and J. Paul Austin, all of New York City, of counsel), for plaintiffs-appellants.

Mathias F. Correa, U. S. Atty., of New York City (Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for defendant-appellee.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiffs, as executors of the last will of Arthur C. Mower, brought this suit in the Southern District of New York to recover the income taxes which he had paid on $310,706.24 that he received in 1932 by way of a bonus in addition to his regular salary for services performed abroad in 1931.

This amount was paid to him in this country by the American Tobacco Company during 1932 for his services performed in 1931, while a resident...

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