Bing v. Bowers

MACK, Circuit Judge.

These actions are to recover income taxes assessed for the years 1918, 1919, and 1920, and paid under protest. The question involved is whether, under the circumstances hereinafter stated, the income on which the taxes were assessed was income to plaintiff or to his mother. The solution depends upon the construction of certain instruments duly executed in the form required under the laws of the state of New York for the grant of interests in real estate.

The first instrument was executed January 2, 1918. After reciting plaintiffs desire to assign to his mother for the term…