JOHNSTON v. HELVERING

Nos. 60, 61.

141 F.2d 208 (1944)

JOHNSTON v. HELVERING, Commissioner of Internal Revenue. KLAGES v. SAME.

Circuit Court of Appeals, Second Circuit.

February 23, 1944.


Attorney(s) appearing for the Case

George A. Reiss, of New York City, for petitioners.

Morton K. Rothschild, of Washington, D. C., for respondent.

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


L. HAND, Circuit Judge.

The taxpayers in these cases appeal from two orders of the Tax Court, assessing deficiencies against them on their income taxes for the year 1937. The appeals are precisely alike, and the only question in each is whether payments made to the taxpayers in that year should be regarded as income within § 162(b), or § 22(a) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev. Acts, pages 893, 825, or indeed whether they can be so regarded...

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