Gargaro v. United States

MADDEN, Judge.

The plaintiff sues to recover income taxes paid by him for the year 1942. The Government demurs to the petition. The facts stated in the petition are as follows: *974During the year 1942, the plaintiff was an officer and employee of Gargaro Company, Inc., a Michigan corporation. His contract of emplo>ment with the company provided that he should receive a stipulated salary and, in addition, a bonus consisting of 10 percent of the net profits of the corporation for that year. The amount of the net profits was to be determined by the directors of the corporation with reference to its…