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FREEDMAN v. COMMISSIONER OF INTERNAL REVENUE

No. 6327.

92 F.2d 150 (1937)

FREEDMAN v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

August 23, 1937.

Attorney(s) appearing for the Case

Wm. A. Schnader, of Philadelphia, Pa., and John W. Townsend, of Washington, D. C., for petitioner.

James W. Morris, Asst. Atty. Gen., and Sewall Key, Norman D. Keller, and Howard P. Locke, Sp. Assts. to the Atty. Gen., for respondent.

Herbert Pope, of Chicago, Ill., amicus curiæ.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BUFFINGTON, Circuit Judge.

This is an appeal by the taxpayer from an order of the federal Tax Board assessing income tax against him, and the question involved is: "Was the annual salary of $3,000 received by petitioner in 1932 for services rendered as an attorney in the Department of Justice of the Commonwealth of Pennsylvania exempt from the Federal Income tax?" The facts, which are not in dispute, are thus stated by the Tax Board:

"The department of justice...

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