ANDREWS v. UNITED STATES

No. 112-59.

295 F.2d 819 (1961)

John P. ANDREWS, Albert Boyd and Gladys Boyd, William E. Cox and Lillian I. Cox v. UNITED STATES.

United States Court of Claims.

November 1, 1961.


Attorney(s) appearing for the Case

Peter H. Behr, San Francisco, Cal., for plaintiffs.

J. Mitchell Reese, Jr., Dept. of Justice, Tax Division, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Lyle M. Turner and Philip R. Miller, Washington, D. C., were on the brief.


PER CURIAM.

This is a suit by plaintiffs who are taxi drivers for the recovery of income taxes paid by them for the years 1955-1957. The sole question involved is whether tips received by plaintiffs constitute gross income to them, as defined in section 61(a) of the Internal Revenue Code of 1954, 68A Stat. 17, 26 U.S.C. § 61 (1958 ed.), or whether the tips constitute gifts as defined in section 102 of the Code, 68A Stat. 28, 26 U.S.C. § 102 (1958 ed.). We...

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