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FAHS v. MERRILL

No. 10874.

142 F.2d 651 (1944)

FAHS, Collector of Internal Revenue, v. MERRILL.

Circuit Court of Appeals, Fifth Circuit.

May 3, 1944.

Attorney(s) appearing for the Case

Maryhelen Wigle, Sewall Key, and Harry G. Taylor, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and Herbert S. Phillips, U. S. Atty., of Tampa, Fla., for appellant.

Sam R. Marks and Harry T. Gray, both of Jacksonville, Fla., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

The suit in the District Court was for the recovery of a gift tax unlawfully exacted by the Collector. The court gave judgment for the plaintiff June 24, 1943. On Sept. 17, 1943, a notice was filed entitled in the cause and headed "Notice of Appeal", which reads: "Comes now John L. Fahs, United States Collector of Internal Revenue for the District of Florida, defendant in the above entitled case, and gives notice of an appeal from the findings...

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