Comm'r of Internal Revenue v. Hall C. Smith, 194 F.2d 536 (6th Cir. 1952). · Go Syfert
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Comm'r of Internal Revenue v. Hall C. Smith, 194 F.2d 536 (6th Cir. 1952). Cases Citing This Book View Copy Cite
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COMMISSIONER OF INTERNAL REVENUE, Petitioner,
v.
Hall C. SMITH, Respondent
10979.
Court of Appeals for the Sixth Circuit.
Feb 12, 1952.
194 F.2d 536
Theron L. Caudle, Charles Oliphant, John M. Morawski, Ellis N. Slack, A. F. Prescott and Graham Loving, Jr., all of Washington, D. C., for petitioner., Sol Goodman, Cincinnati, Ohio, for respondent.
Allen, Martin, McALLISTER, Per Curiam.
Cited by 1 opinion  |  Published
PER CURIAM.

This case came on to be heard on the record and briefs and oral argument of counsel.

And it appearing that the Tax Court of the United States, in a prior proceeding, held the respondent liable in equity as a transferee for unpaid taxes of a corporation, and that the decision of the Tax Court, 11 T.C. 174, was affirmed by this court in Charles E. Smith & Sons Co. v. Commissioner, 6 Cir., 184 F.2d 1011, certiorari denied 340 U.S. 953, 954, 71 S.Ct. 572, 95 L.Ed. 687.

And it appearing that the receipt of the excessive salary to the extent of which the respondent was held liable as transferee constituted “the bare receipt of property or money wholly belonging to another”, Commissioner of Internal Revenue v. Wilcox, 327 U.S. 404, 66 S.Ct. 546, 549, 90 L.Ed. 752, and that the respondent held the funds not for himself but for the creditors of the transferor;

It is ordered that the decision of the Tax Court be, and it hereby is, affirmed.