UNITED STATES of America, Appellant,
v.
Mabel Davis JAMES, Appellee.
United States Court of Appeals Ninth Circuit.https://leagle.com/images/logo.png
June 18, 1964.
June 18, 1964.
Attorney(s) appearing for the Case
Louis F. Oberdorfer, Asst. Atty. Gen., Meyer Rothwacks, Richard M. Roberts, Michael K. Cavanaugh, John B. Jones, Attys., Dept. of Justice, Washington, D. C., Charles A. Muecke, U. S. Atty., Phoenix, Ariz., for appellant.
William Lee McLane, Jr., Nola McLane, Thaddeus Rojek, Phoenix, Ariz., for appellee.
Before CHAMBERS, POPE, BARNES, HAMLEY, JERTBERG, MERRILL, KOELSCH, BROWNING and DUNIWAY, Circuit Judges.
United States Court of Appeals Ninth Circuit.
DUNIWAY, Circuit Judge:
The government asks us to overrule our decision in Buck v. McLaughlin, 9 Cir., 1931, 48 F.2d 135. An alternative ground of decision in that case was that a widow's allowance paid to her out of her husband's estate under court order, pursuant to California law, is not "income" within the meaning of Amendment XVI to the Constitution. The questions presented by this case are narrower. Here, the widow's allowance...
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