Roy R. Brooks and Betty B. Brooks v. United States

WISDOM, Circuit Judge.

This appeal from a judgment denying a refund for income taxes presents the question of a taxpayer’s right, under Section 107(d) (2) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 107(d) (2), 1 to spread back over three years a salary paid in one year. The determination of the question turns on whether the events, alleged to have “intervened” causing postponement of the payment of the taxpayer’s salary, were “similar in nature” to “bankruptcy or receivership of the employer”. The district court entered judgment on a jury verdict for the United States. We hold that…