Peacock v. Receivers of Brailer Mining Co.

³⁷⁷ Aokixs, J., delivered the opinion of the Court. On July 3rd, 1926, an order was passed, on petition of the Brailer Mining Company, dissolving said company and appointing receivers to take charge of its property, collect outstanding indebtedness due said corporation, sell and dispose of its property, pay its debts, and distribute remaining proceeds to the parties entitled thereto. On January 29th, 1927, the receivers filed a petition in which they alleged that, at the time they took over the affairs of said company, there were certain claims of the United States government pending before the Internal Revenue Department for additional taxes, which claims were being contested by said company, and that prior to the appointment of the receivers the company had employed James U. Peacock, a certified public accountant, to represent it before said department, and, as such questions were still pending at the time of the appointment of the receivers, they continued the services of said Peacock, so that said tax questions could be properly handled and disposed of; that said questions were based upon additional assessments for the years 1919 and 1920; that as a result of the services of said Peacock the company was saved $4,075.98 in taxes. The receivers recommended and prayed the court to pass an order allowing said Peacock a fee of $1,018.99, twenty-five per cent, of the amount saved, for his services.

On said petition the court passed an order allowing said fee, and authorizing the receivers to pay it out of the funds in their hands. Whereupon the receivers paid the fee