Opinion

Express Pub. Co. v. Commissioner of Internal Rev.

  • 143 F.2d 386
  • 32 A.F.T.R. (P-H) 972
  • 1944 U.S. App. LEXIS 3089
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 6, 1944
Status
Published
Author
Hutcheson
On the bench
Sibley, Hutcheson, and Lee, Circuit Judges
Cited by
7 cases

The opinion

HUTCHESON, Circuit Judge

(concurring specially).

I concur in all that the majority has said, but I should like to add that in my opinion the Tax Court erred in not recognizing that Mrs. Brown who had been a Vice-President since 1926, did actually perform service in having her name standing at the masthead of a corporation of this character. I think it was an arbitrary fiat and not a finding of fact for the Tax Court to substitute its judgment for that of the management and determine that in thus standing for years as Vice-President, ready, able and willing to discharge the duties of that office and of the office of the President, if his absence or disability called her to that performance, Mrs. Brown was not rendering service to the company for which she should be adequately paid,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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