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THOMAS v. UNITED STATES

No. 414.

22 F.2d 1000 (1927)

THOMAS et ux. v. UNITED STATES.

District Court, N. D. Texas, Wichita Falls Division.

December 7, 1927.

Attorney(s) appearing for the Case

Harry Weeks, of Wichita Falls, Tex., for plaintiffs.

N. A. Dodge, U. S. Atty., of Fort Worth, Tex., and F. J. Ready, Jr., Sp. Asst. U. S. Atty., of Washington, D. C.

ATWELL, District Judge.

For the taxable year 1919 Mr. Thomas filed a return on March 9, 1920. At that time the Commissioner of Internal Revenue was not permitting the husband and wife to file separate returns of their respective incomes under state community property laws. In Thomas' return, which included the income of Mrs. Thomas, there was no direct statement of such fact. It was not signed by Mrs. Thomas.

The...

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