Grasso v. Oehmann

CLAGETT, Associate Judge.

Plaintiff, appellant here, sued defendant to recover an amount allegedly deducted from plaintiff’s wages’ as a withholding tax under the federal income tax law' but not paid to the'- federal government. His suit was dismissed, and he appeals.

In his bill of particulars,1 plaintiff asserted that during a 46 week period in 1946 be was employed by one Livera, owner and operator of a local restaurant; that Livera had withheld $492 from his salary, for purposes of income tax payment; that Livera died on December 27, 1946, and his administrator c. t. a., the defendant,…