MONTGOMERY v. THOMAS

No. 11029.

146 F.2d 76 (1944)

MONTGOMERY et al. v. THOMAS, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

December 18, 1944.


Attorney(s) appearing for the Case

Allen Charlton, of Dallas, Tex., and Albert S. Rollins, of Greenville, Tex., for appellants.

Hilbert P. Zarky, Sewall Key, Robert N. Anderson, and Leonard Sarner, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and A. W. Christian, Asst. U. S. Atty., of Dallas, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.


LEE, Circuit Judge.

This suit was brought by appellants, P. O'B. Montgomery and his wife, Frances H. Montgomery, for refund of income taxes paid by them as a result of allegedly illegal deficiency assessments for the years 1938 to 1941, both inclusive.

The questions presented are as follows:1

1. Whether dividends from a family corporation received by taxpayers' minor children on shares in said corporation paid for with...

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