EXPRESS PUB. CO. v. COMMISSIONER OF INTERNAL REV.

No. 10973.

143 F.2d 386 (1944)

EXPRESS PUB. CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

July 6, 1944.


Attorney(s) appearing for the Case

LeRoy G. Denman, of San Antonio, Tex., for petitioner.

Helen R. Carloss, Sewall Key, A. F. Prescott, and Spurgeon Avakian, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., J. P. Wenchel, Chief Counsel, Bur. Int. Rev., and John M. Morawski, Sp. Atty., Bur. Int. Rev., all of Washington, D. C., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.


SIBLEY, Circuit Judge.

On income tax returns for 1939 and 1940 the Commissioner disallowed as business expenses salaries of $261.25 per month paid Mrs. Carrie S. Frost and $166.25 per month paid Mrs. Dorsey W. Brown as First and Second Vice-President of the petitioner. The Tax Court found that Mrs. Frost rendered personal services reasonably worth $1,000 per year, but Mrs. Brown rendered none. These conclusions are contended to be erroneous under the proven facts...

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