MATCOVICH v. ANGLIM

No. 10306.

134 F.2d 834 (1943)

MATCOVICH v. ANGLIM, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 22, 1943.


Attorney(s) appearing for the Case

R. H. Schwab, of Sacramento, Cal., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, Muriel Paul and Maryhelen Wigle, Sp. Assts., Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., and Emmet J. Seawell, Asst. U. S. Atty., of Sacramento, Cal., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HANEY, Circuit Judge.

The sole question involved in this appeal is: was appellant the employer of the girl dancers described herein so as to be liable for taxes levied by the Social Security Act, 42 U.S.C.A. § 1101 et seq.?

The City of Sacramento, California, has an ordinance which provides in part:

"The term `taxi dance hall' for the purpose of this ordinance shall include any place where women dancing partners are employed directly or indirectly...

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