Zimbalist v. Anderson

MACK, Circuit Judge.

Plaintiff sued to recover $6,700 paid as excess profits taxes for the taxable year 1917. The case was tried without a jury upon the following agreed facts:

Plaintiff, by profession a singer of distinction, was actively engaged in the exercise of her profession throughout the year 1917, as well as for several years prior thereto, singing in concerts and recitals, and pursuant to a contract entered into in 1915, making records for the Victor Talking Machine Company. In her fairly frequent concerts and recitals during 1917, she sang many songs theretofore recorded for the…