Close v. Derbyshire

Opinion by

Rhodes, P. J.,

This is an action in assumpsit brought by plaintiff against defendants, his two former partners, to recover additional income tax which plaintiff was obliged to pay.

From January 1, 1944, until June 30, 1945, plaintiff and the defendants had conducted a partnership which was engaged in the manufacture of machines and tools. On the latter date they entered into a dissolution agree ment whereby plaintiff accepted the sum of $6,250 “in full settlement of all claims which he may have against the partnership.”

In May, 1946, the Treasury Department (Bureau of Internal Revenue)…