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MILLER v. UNITED STATES

No. 24637.

389 F.2d 656 (1968)

Grace MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 5, 1968.

Attorney(s) appearing for the Case

William T. Deffebach, Hardie, Grambling, Sims & Galatzan, El Paso, Tex., for appellant.

Mitchell Rogovin, Asst. Atty. Gen., Richard C. Pugh, Lee A. Jackson, Harry Marselli, David O. Walter, Benjamin M. Parker, Attys., Dept. of Justice, Washington, D. C., Ernest Morgan, U. S. Atty., San Antonio, Tex., for appellee; Harry Lee Hudspeth, Asst. U. S. Atty., of counsel.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

PER CURIAM:

This is an appeal by Grace Miller, taxpayer, widow of Jake Miller, decedent, from a judgment sustaining an assessed deficiency by the Commissioner of Internal Revenue for $35,750.93, resulting from her failure to include in her gross income monthly payments of $1250.00 for years 1958 through 1963. These payments were made by decedent's former employer to the taxpayer, widow of the former employee, pursuant to an employment agreement entered into between...

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