Independent Petroleum Corp. v. Fly

SIBLEY, Circuit Judge.

The appellant sued in the district court to recover social security taxes exacted from it for the year 1938 as an employer of eight persons. Recovery was denied on the authority of Nicholas v. Richlow Co., 10 Cir., 126 F.2d 16, the court holding that Congress had provided that all officers of a corporation are to be counted as employed, regardless of whether they work or not. We are not able to agree.

The facts are stipulated, the important ones being these: During 1938 the appellant was a Mississippi corporation entirely owned by its president E. H. Simpson. At its…