STATE v. EDELMAN

7 Div. 417.

114 So.2d 261 (1959)

STATE of Alabama v. Samuel EDELMAN.

Supreme Court of Alabama.

August 20, 1959.


Attorney(s) appearing for the Case

John Patterson, Atty. Gen., Willard W. Livingston and Wm. H. Burton, Asst. Attys. Gen., for appellant.

Ralph D. Porch, Anniston and Bainbridge & Mims, Birmingham, for appellee.


LAWSON, Justice.

This is an appeal by the State from a decree of the Circuit Court of Calhoun County, in Equity, vacating a deficiency income tax assessment made by the State Department of Revenue against Samuel Edelman, a resident of Calhoun County.

The question for decision is whether Edelman owes State income tax on a tax refund which he received from the federal government.

Edelman has reported his income to the State on a calendar year cash accounting...

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