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FOLKER v. JOHNSON

No. 87, Docket 23698.

230 F.2d 906 (1956)

Edward FOLKER, Plaintiff-Appellant, v. James W. JOHNSON, individually and as a former Collector of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 29, 1956.

Attorney(s) appearing for the Case

Michael Kaminsky, Worthman & Kaminsky, New York City, for appellant.

Paul W. Williams, U. S. Atty. for Southern Dist. of New York, New York City (Morton S. Robson, New York City, of counsel), for appellee.

Before CLARK, Chief Judge, and FRANK and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

During the year 1947 the plaintiff-appellant (taxpayer) was employed as president, treasurer, and director of Folker Fabrics Corp., of which he was the sole stockholder. He devoted his full time to his duties in these capacities and was responsible for the supervision and control of the activities of the corporation, receiving a salary of $52,000 in 1947 in compensation for his services. In the same year, it is conceded, the taxpayer had non...

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