SCOFIELD v. GREER

No. 13242.

185 F.2d 551 (1950)

SCOFIELD, Collector of Internal Revenue v. GREER.

United States Court of Appeals, Fifth Circuit.

December 6, 1950.


Attorney(s) appearing for the Case

Edward J. P. Zimmerman, Ellis N. Slack, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Henry W. Moursund, U. S. Atty., San Antonio, Tex., for appellant.

Wright Matthews, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a judgment awarding appellee a refund of income taxes and interest wrongfully assessed against him by the Commissioner after the latter had disallowed certain deductions that the taxpayer had claimed under the provisions of Sections 22(k) and 23(u) of the Internal Revenue Code, 26 U.S.C.A. §§ 22(k), 23(u). The court below found the facts to be as follows:

Dr. David Greer and Mrs. Ruth Phillips Greer, residents...

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