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MOHOLY v. UNITED STATES

No. 14912.

235 F.2d 562 (1956)

Anne G. MOHOLY, as Administratrix of the Estate of Philip F. Moholy, Deceased, and Anne Moholy, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 23, 1956.

Attorney(s) appearing for the Case

Sherwood & Lewis, Clyde C. Sherwood, John V. Lewis, San Francisco, Cal., for appellant.

Charles K. Rice, Asst. Atty. Gen., I. Henry Kutz, Lee A. Jackson, Robert N. Anderson, Davis W. Morton, Jr., Sp. Assts. to Atty. Gen., Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, LEMMON, Circuit Judge, and SOLOMON, District Judge.

DENMAN, Chief Judge.

This is an appeal from a judgment of the United States District Court for the Northern District of California, denying appellant a refund of federal income tax.1 The District Court held that a San Francisco fireman's sick leave pay was not an amount "`received through accident or health insurance * * *, as compensation for * * * sickness * *'" and consequently was properly included in his gross income. Appellant contends...

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