Phelps v. United States

CLARK, Circuit Judge.

This is an appeal by the plaintiff from a judgment of the District Coúrt denying his claim for a recovery of an aliquot portion of deficiency interest on income taxes paid in the year 1928. The court held against recovery, on the ground that the payment had been made pursuant to a valid agreement of compromise of tax liability. Plaintiff disputes this interpretation of the compromise agreement.

The plaintiff is the sole surviving partner of Phelps Brothers & Co. In February, 1926, seven years after the partnership had gone into liquidation, the Commissioner of Internal…