Shuster v. Helvering

L. HAND, Circuit Judge.

This case comes up upon a petition to review an order of the Board of Tax Appeals, assessing a deficiency against the taxpayer in his income tax for the year 1933; the only question is whether he received as ordinary income the amount which the Commissioner added. The stipulated facts were as follows. The taxpayer was president of a publishing company from 1916 to 1933, under a contract which entitled him to twenty per cent of its earnings. He and the company disagreed as to how much was due him up to December 31, 1926, and on June 11, 1928, they composed their…