Atkins v. White

McLELLAN, District Judge.

During the year 1929, the plaintiff received ordinary net income (exclusive of the deduction for charitable contributions) amounting to $95,345.90, and capital net gain amounting to $23,397.50, a total of $118,743.-40. The plaintiff elected to be taxed on the capital net gain at the 12% per cent, rate under the provisions of section 101 (a) of the Revenue Act of 1928 (26 USCA § 2101 (a). During the taxable year 1929, the plaintiff made charitable Contributions in excess of 15 per cent, of her total income of $118,743.40. In computing the tax, the plaintiff deducted…