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UNITED STATES v. POPHAM

No. 14505.

198 F.2d 660 (1952)

UNITED STATES v. POPHAM.

United States Court of Appeals Eighth Circuit.

July 10, 1952.

Attorney(s) appearing for the Case

Harry Marselli, Sp. Asst. to Atty. Gen. (Ellis N. Slack, Acting Asst. Atty. Gen., A. F. Prescott and Fred S. Gilbert, Jr., Sp. Assts. to Atty. Gen., Sam M. Wear, U. S. Atty., and Harry F. Murphy, Asst. U. S. Atty., both of Kansas City, Mo., on the brief), for appellant.

Sam Mandell and Arthur C. Popham, Jr., Kansas City, Mo. (Popham, Thompson, Popham, Mandell & Trusty, Kansas City, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

The United States appeals from a decision of the District Court for the Western District of Missouri in an action by the appellee, Popham, for recovery of an alleged overpayment of income taxes for 1943. The sole issue presented is whether for income tax purposes appellee was "in active service in the military * * * forces of the United States * * * at any time during the taxable year * * * 1943" within the meaning of section 6(d) (1) of the...

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