LAVERY v. COMMISSIONER OF INTERNAL REVENUE

No. 9091.

158 F.2d 859 (1946)

LAVERY v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

December 3, 1946.


Attorney(s) appearing for the Case

Urban A. Lavery, of Chicago, Ill., for petitioner.

Douglas W. McGregor, Asst. Atty. Gen., Sewall Key, Helen R. Carloss, I. Henry Kutz, and Miss Melva M. Graney, Assts. to Atty. Gen., and J. P. Wenchel and Rollin Transue, Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.


EVANS, Circuit Judge.

This appeal involves a dispute over the year a sum received by Lavery, the taxpayer, appellant herein, was taxable under the federal income tax law.

Mr. Lavery, the taxpayer, had been managing editor of the American Bar Association Journal. He was paid in full for his 1941 services. He terminated his services and the Board of Editors tendered him an honorarium, a check for $2,666.67, which he accepted as "payment in full satisfaction...

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