MYERS v. COMMISSIONER OF INTERNAL REVENUE

No. 13822.

212 F.2d 448 (1954)

MYERS v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Ninth Circuit.

May 10, 1954.


Attorney(s) appearing for the Case

Ransom W. Chase, Chase, Rotchford, Downen & Drukker, Los Angeles, Cal., for petitioners.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky, Joseph P. Gotten, John J. Kelley, Jr., Sp. Assts. to Atty. Gen., Charles W. Davis, Chief Counsel, Bureau of Internal Revenue, Washington, D.C., for respondents.

Before MATHEWS, STEPHENS and BONE, Circuit Judges.


MATHEWS, Circuit Judge.

Petitioner, Rudolf B. S. Myers, and Mary Elizabeth Myers, hereafter called Mrs. Myers, residents of Los Angeles County, California, were husband and wife at all pertinent times prior to July 2, 1945. On or as of June 1, 1945, petitioner and Mrs. Myers made and executed a property settlement agreement, the pertinent provisions of which were as follows:

"Whereas, the wife [Mrs. Myers] is about to commence an action against the husband...

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