GARGARO v. UNITED STATES

No. 47677.

73 F.Supp. 973 (1947)

GARGARO v. UNITED STATES.

Court of Claims.

November 3, 1947.


Attorney(s) appearing for the Case

B. Tracy Ansell, of Washington, D.C. (George H. Klein, Ethan C. Prewitt and Clark, Klein, Brucker & Waples, all of Detroit, Mich., and Ansell & Ansell, of Washington, D. C., on the brief), for plaintiff.

Joseph H. Sheppard, of Washington, D. C., and Theron L. Caudle, Asst. Atty. Gen. (Robert N. Anderson and Andrew D. Sharpe, both of Washington, D. C., on the brief), for defendant.

Before JONES, Chief Justice, and MADDEN, WHITAKER, HOWELL and LITTLETON, Judges.


MADDEN, Judge.

The plaintiff sues to recover income taxes paid by him for the year 1942. The Government demurs to the petition. The facts stated in the petition are as follows:

During the year 1942, the plaintiff was an officer and employee of Gargaro Company, Inc., a Michigan corporation. His contract of employment with the company provided that he should receive a stipulated salary and, in addition, a bonus consisting...

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