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HENSLEE v. WHITSON

No. 11538.

200 F.2d 538 (1952)

HENSLEE v. WHITSON et al.

United States Court of Appeals Sixth Circuit.

December 19, 1952.

Attorney(s) appearing for the Case

Fred E. Youngman, Washington, D. C., Ellis N. Slack, Robert N. Anderson and Fred E. Youngman, Washington, D. C., Ward Hudgins and Dick L. Johnson, Nashville, Tenn., on brief, for appellant.

Cecil Sims, Nashville, Tenn., W. W. Berry, (of Bass, Berry & Sims, Nashville, Tenn.), of counsel, for appellees.

Before SIMONS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment for refund of unlawfully collected taxes based upon a deficiency assessment resulting from a redistribution by the Collector of partnership income. Judgment was entered upon a directed verdict for the taxpayer and the Collector appeals.

Prior to July 1, 1944, John H. Whitson, Walter L. Whitson, his brother, and Morrison L. Lowe had, for many years, conducted a lumber business in Cookeville, Tennessee, as a partnership...

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