GILL v. UNITED STATES

No. 17029.

258 F.2d 553 (1958)

Robert S. GILL, Individually and as Executor of the Estate of Sarah Louise Gill, and Robert S. Gill, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 18, 1958.


Attorney(s) appearing for the Case

Winston B. McCall, William S. Pritchard, Birmingham, Ala., Pritchard, McCall & Jones, Birmingham, Ala., of counsel, for appellants.

James P. Turner, Atty. Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Charles B. E. Freeman, Attys., Dept. of Justice, Washington, D. C., W. L. Longshore, U. S. Atty., Atley A. Kitchings, Jr., Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The sole question now for us in the Taxpayer's consolidated suits for refund of income taxes is whether the District Court was right in holding that Taxpayer was on a fiscal, rather than a calendar, year period of accounting.

The facts are stipulated and may be briefly capsulated. From 1941 on through all of the years here in dispute, Taxpayer, Robert S. Gill, filed his returns on a calendar year basis. From 1941 to 1945 he was...

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