HALL C. SMITH, APPELLANT,
v.
THOMAS A. GALLAGHER, COLLECTOR OF INTERNAL REVENUE, APPELLEE

6th Cir. | 1957-04-24
No. 13030
244 F.2d 63 United States Court of Appeals for the Sixth Circuit (1957)

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Holding

The court held that the $17,000 received by the petitioner in 1944 was properly taxable as income.


Facts & Procedural History

Petitioner received $17,000 in 1944, which the corporation paid and the petitioner treated as salary. The petitioner received this sum under a claim o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This case arises out of an action for refund of income tax paid upon $17,000 received in the year 1944 by petitioner as •salary. The case was submitted to the •court upon the pleadings, a written stipulation of agreed facts, and documentary •evidence annexed thereto.

And it appearing that the court made detailed findings of fact in which it concluded that the sum of $17,000 which the corporation paid the plaintiff in 1944 was paid to him as salary, received by him as salary, and treated by him as ¡salary;

And it appearing that petitioner received the said $17,000 under a claim of ■individual right as belonging to him, such payment to be received by him having been without restriction as to its use or disposition, Healy v. Commissioner of Internal Revenue, 345 U.S. 278, 73 S.Ct. 671, 97 L.Ed. 1007;

And it appearing that within the doctrine of Healy v. Commissioner of Internal Revenue, supra, said salary of $17,000 was properly taxable as income to petitioner under 26 U.S.C. (I.R.C.1939) § 22(a);

It is ordered that the judgment of the District Court be affirmed upon the authority of Healy v. Commissioner of Internal Revenue, supra.


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