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BUDER v. UNITED STATES

No. 17940.

354 F.2d 941 (1966)

Eugene H. BUDER, Executor of the Estate of Oscar E. Buder, Deceased, and Eugenia H. Buder, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 25, 1966.

Attorney(s) appearing for the Case

Eugene H. Buder, St. Louis, Mo., pro se.

Robert H. Solomon, Atty., Tax Division, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Tax Division, Dept. of Justice, Washington, D. C., and Richard D. Fitz-Gibbon, Jr., U. S. Atty., and John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

BLACKMUN, Circuit Judge.

Our question here is whether a $25,000 legal fee qualified as income in the calenlar year 1953 rather than in a subsequent tax year. The district court decided the issue in favor of the government, that is, it held the fee to be 1953 income. Buder v. United States, 235 F.Supp. 479 (E.D. Mo.1964).

Oscar E. Buder and his wife are the taxpayer-appellants...

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