CLAY v. UNITED STATES

No. 11784.

161 F.2d 607 (1947)

CLAY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

May 16, 1947.


Attorney(s) appearing for the Case

Arthur A. Moreno, of New Orleans, La., for appellant.

Sewall Key, Acting Asst. Atty. Gen., Newton K. Fox, Sp. Asst. to the Atty. Gen., both of Washington, D. C., Herbert W. Christenberry, U. S. Atty., and Robert Weinstein, Asst. U. S. Atty., both of New Orleans, La., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.


LEE, Circuit Judge.

In her income tax return for the year 1940, appellant reported as community income the income from certain of her separate properties. The Commissioner ruled the income appellant's separate income, taxable to her, and levied a deficiency assessment. Appellant paid the assessment and filed a claim for refund; upon payment being refused, this suit was brought to recover the amount of the claim. The court...

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