BARBER v. UNITED STATES

No. 16710.

251 F.2d 436 (1958)

Julia W. BARBER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 20, 1958.


Attorney(s) appearing for the Case

Lee C. Bradley, Jr. Birmingham, Ala., for appellant.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, James P. Turner, Ellis N. Slack, Dept. of Justice, Washington, D. C., W. L. Longshore, U. S. Atty., Birmingham, Ala., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


RIVES, Circuit Judge.

This action is for the recovery of income taxes for the year 1949. The district court concluded that Sections 22(a) and 166 of the Internal Revenue Code of 1939, 26 U.S.C.A. §§ 22(a), 166, and Regulation 111, Sections 29.22(a)-21(c), (d) and (e), required it to dismiss the action. The deficiency had been determined by the Commissioner by attributing to the taxpayer a part of the income of a trust settled by the taxpayer and her husband...

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