SLATER v. COMMISSIONER OF INTERNAL REVENUE

No. 129, Docket 22531.

222 F.2d 470 (1955)

Alexander SLATER, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 11, 1955.


Attorney(s) appearing for the Case

Turnbull & Bergh, New York City, Louis O. Bergh, New York City, of counsel, for petitioner.

H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack and Joseph F. Goetten, Sp. Assts. to Atty. Gen., for respondent.

Before L. HAND, SWAN and HINCKS, Circuit Judges.


SWAN, Circuit Judge.

This appeal involves income tax deficiencies for the years 1941 and 1943. The taxpayer is a lawyer. His income tax returns were on the cash basis. In 1929 he was retained to prosecute litigation on a contingent fee plus expenses. The litigation was settled in 1941 and at that time he was paid $90,550, and an additional $90,250 was placed in escrow and was paid him in 1942 upon delivery of releases executed by his clients. In a memorandum opinion...

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