UNITED STATES v. FLEMING

No. 18593.

293 F.2d 953 (1961)

UNITED STATES of America, Appellant, v. T. S. FLEMING and James E. Fleming, Jr., d/b/a City Transportation Company, and City Transportation Company of Tyler, Appellees.

United States Court of Appeals Fifth Circuit.

August 29, 1961.


Attorney(s) appearing for the Case

Paul N. Brown, U. S. Atty., Tyler, Tex., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, C. Guy Tadlock, Attys., Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Robert N. Anderson, George F. Lynch, Attys., Dept. of Justice, Washington, D. C., Joe Tunnell, U. S. Atty., Lloyd W. Perkins, Asst. U. S. Atty., Tyler, Tex., for appellant.

Henry Schwartz, II, Tyler, Tex., for appellees.

Before TUTTLE, Chief Judge, and HUTCHESON and JONES, Circuit Judges.


JONES, Circuit Judge.

The question here is whether the drivers of cabs owned by the appellees received from the appellees wages, within the meaning of the Federal Insurance Contributions Act, 26 U.S.C.A. (I.R.C. 1939), § 1400 et seq., as amended, so as to subject the appellees to a tax imposed with respect thereto under the terms of the Act.

There is no dispute as to the facts as found by the district court which were for the most part stipulated.

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