Montgomery v. Thomas

LEE, Circuit Judge.

This suit was brought by appellants, P. O’B. Montgomery and his wife, Frances H. Montgomery, for refund of income taxes paid by them as a result of allegedly illegal deficiency assessments for the years 1938 to 1941, both inclusive.

The questions presented are as follows : 1

1. Whether dividends from a family corporation received by taxpayers’ minor children on shares in said corporation paid for with funds donated to said children by taxpayers, were taxable to taxpayers alone.

2. Whether dividends received by taxpayers’ minor children on shares in other corporations,…