Whalen v. Harrison

SULLIVAN, District Judge.

This suit was brought for the recovery of $26.35 alleged to have been illegally and erroneously collected from plaintiff, an owner and trainer of race horses, as social security taxes, including a penalty, upon compensation paid by him to certain free lance jockeys who rode his horses in competition in various races at the Chicago race courses during the year 1939. These jockeys were not regularly employed by him, but he engaged one of them for each particular race. The Collector determined that the jockeys thus casually employed by plaintiff were his employees within…