VARNEDOE v. ALLEN

No. 11714.

158 F.2d 467 (1946)

VARNEDOE v. ALLEN.

Circuit Court of Appeals, Fifth Circuit.

November 22, 1946.


Attorney(s) appearing for the Case

Welborn B. Cody and Bertram S. Boley, both of Atlanta, Ga., for appellant.

Helen Goodner, A. F. Prescott and Muriel Paul, Sp. Assts. to the Atty. Gen., Sewall Key, Acting Asst. Atty. Gen., all of Washington, D. C., and John P. Cowart, United States Atty., of Macon, Ga., for appellee.

Before HOLMES, WALLER, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

This appeal involves appellant's income taxes for the years 1941, 1943, and 1944. A separate count for the year 1942 was not set forth in the complaint because, under the pay-as-you-go act of 1943, such taxes for 1942 were extinguished, and a special provision was made for the same in computing the tax for 1943.

The taxpayer is the widow of a fireman who, during his life, was a captain in the fire department of the city of Atlanta, Georgia...

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