GLENN v. BEARD

No. 9607.

141 F.2d 376 (1944)

GLENN, Collector of Internal Revenue, v. BEARD.

Circuit Court of Appeals, Sixth Circuit.

March 20, 1944.


Attorney(s) appearing for the Case

Lyle M. Turner, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, A. F. Prescott, and Lyle M. Turner, all of Washington, D. C., and Eli H. Brown III, of Louisville, Ky., on the brief), for appellant.

Allen P. Dodd, of Louisville, Ky., for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

The Collector of Internal Revenue levied and collected Social Security taxes from appellee, who, thereafter, filed a petition in the district court for refund and was awarded a judgment therefor. The court held that appellee was not an employer; that the workers, upon whose asserted employment the taxes were levied, were independent contractors; and that appellee, under the statute, was not liable for the exaction.

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