Naylor v. United States

HARRISON, District Judge.

Plaintiffs doing business in the County of Los Angeles under the firm name of “The Beverly Hills Club”, seek to recover taxes paid during the period of June 1, 1947 to January 31, 1950, under Section 1700(e) of the. Internal Revenue Code, 26 U.S.C.A. § 1700(e).

Prior to December 31, 1947, Mr. A. E. Sutherland was associated with plaintiffs in this venture. On that date he sold his interest in the partnership to W. A. Naylor. Thereafter, the .plaintiffs continued doing business under the said fictitious name.

The evidence disclosed that the club is operated for the sole…