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RIHN v. FRANCHISE TAX BOARD

Docket No. 20459.

131 Cal.App.2d 356 (1955)

280 P.2d 893

HUGO RIHN, Appellant, v. FRANCHISE TAX BOARD, Respondent.

Court of Appeals of California, Second District, Division Three.

March 8, 1955.

Attorney(s) appearing for the Case

George H. Zeutzius for Appellant.

Edmund G. Brown, Attorney General, and Edward Sumner, Deputy Attorney General, for Respondent.

ASHBURN, J. pro tem.*

Action to recover money paid under protest as a state income tax upon tips received by plaintiff-appellant while working as a waiter at the Biltmore Hotel, Los Angeles, during the year 1951. The sole question is whether a waiter's tips may be taxed as income under the Personal Income Tax Law of this state. (Rev. & Tax. Code, § 17001 et seq.) The trial court answered that question in the affirmative. Plaintiff...

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