SEATTLE FIRST NAT. BANK v. HENRICKSEN

Nos. 8548, 8549.

24 F.Supp. 256 (1938)

SEATTLE FIRST NAT. BANK v. HENRICKSEN. BOYNS v. SAME.

District Court, W. D. Washington, S. D.

July 27, 1938.


Attorney(s) appearing for the Case

Kumm & Hatch, of Seattle, Wash., for plaintiff Seattle First Nat. Bank.

Green & Burnett, of Seattle, Wash., for plaintiff Boyns.

J. Charles Dennis, U. S. Atty., and Oliver Malm, Asst. U. S. Atty., both of Tacoma, Wash., and Thomas R. Winter, Sp. Atty., Bureau of Internal Revenue, of Seattle, Wash. (James W. Morris, Asst. Atty. Gen., and Andrew D. Sharpe and Jerome P. Carr, Sp. Assts. to Atty. Gen., on the brief), for defendant.


CUSHMAN, District Judge.

The statute in question (Section 42 of the Revenue Act of 1934, c. 277, 73rd Cong., 2d Sess., 48 Stat. 694, 26 U.S.C.A. § 42) provides:

"§ 42. Period in which items of gross income included.

"The amount of all items of gross income shall be included in the gross income for the taxable year in which received by the taxpayer, unless, under methods of accounting permitted under section 41, any such amounts are to be...

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