Howard v. United States

SWINFORD, District Judge.

The plaintiffs bring this action to re7 cover federal income taxes paid for the calendar year 1950. The plaintiffs are man and wife who have filed joint income tax returns but the determination of the case rests solely upon- matters involving the plaintiff, J. W. Howard, and he alone will be referred to throughout this opinion as taxpayer.

Taxpayer is an attorney at law in the State of Kentucky. On May 1, 1926, he was employed by the Elk Horn Coal Corporation at a salary of $4,000 a year to be the corporation’s local attorney in the heart of its Kentucky coal fields…