MORTON v. THOMAS

No. 11779.

158 F.2d 574 (1946)

MORTON v. THOMAS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1947.

Writ of Certiorari Denied March 10, 1947.


Attorney(s) appearing for the Case

Homer J. Fisher, O. D. Brundidge, and L. E. Elliott, all of Dallas, Tex., for appellant.

Helen Goodner and Sewall Key, Sp. Assts. to Atty. Gen., and Douglas W. McGregor, Asst. Atty. Gen., and Robert B. Young, Jr., U. S. Atty., of Fort Worth, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


Writ of Certiorari Denied March 10, 1947. See 67 S.Ct. 970.

HUTCHESON, Circuit Judge.

The suit was for refund of income taxes paid for 1938 to 1941, inclusive, on the basis of returns, made for those years, of income derived from the partnership of Morton Potato Chip Company, a partnership composed of taxpayer and L. M. Mitchell.

The claim was that instead of returning the sixty per cent of the partnership income earned by the Morton interest, one...

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