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RICE v. RIDDELL

Civ. No. 740-58.

179 F.Supp. 576 (1959)

Sam H. RICE and Olive K. Rice, husband and wife, Plaintiffs, v. Robert A. RIDDELL, District Director of Internal Revenue, Los Angeles District, California, Defendant.

United States District Court S. D. California, Central Division.

December 31, 1959.

Attorney(s) appearing for the Case

Bruce I. Hochman, Beverly Hills, Cal., for plaintiffs.

Laughlin E. Waters, U. S. Atty., Edward R. McHale, Asst. U. S. Atty., Chief, Tax Division, Eugene N. Sherman, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

TOLIN, District Judge.

Plaintiff Sam H. Rice is a musician who operates his business from home. Plaintiff Olive K. Rice is his wife. Mr. Rice is known as a "casual" musician under Union interpretation. This classification is appropriate in view of the evidence in the case. In pursuing his business, Mr. Rice played his tuba and bass violin for hire at various locations in Los Angeles County. The time, place, and party for whom the service was rendered varied considerably...

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