WARD v. UNITED STATES

No. 71-1242.

456 F.2d 354 (1972)

J. Truman WARD and Mary M. Ward, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 22, 1972.


Attorney(s) appearing for the Case

Richard D. Speight, Nashville, Tenn., for plaintiffs-appellants; William F. Carpenter, Goodpasture, Carpenter, Woods & Sasser, Nashville, Tenn., on brief.

Richard Farber, Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee; Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, William Massar, Gordon S. Gilman, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief; Charles H. Anderson, U. S. Atty., Nashville, Tenn., of counsel.

Before EDWARDS, BROOKS, and KENT, Circuit Judges.


EDWARDS, Circuit Judge.

This is a suit for recovery of income taxes paid under protest. Appellant, J. Truman Ward,1 sold radio station WLAC to the Life and Casualty Company in 1952 by a written contract which called for a $1,250,000 consideration to be paid to him, plus $30,000 a year in payment for at least 17 years for advisory services and for holding himself available for such advisory services. Appellant paid taxes on these payments...

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