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BISHOFF v. COMMISSIONER OF INTERNAL REVENUE

No. 3756.

27 F.2d 91 (1928)

BISHOFF v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

May 25, 1928.

Attorney(s) appearing for the Case

Ward Loveless, of Washington, D. C., Powell, Ludlow & Schaeffer, of Philadelphia, Pa., and Miller & Chevalier, of New York City (B. H. Ludlow, of Philadelphia, Pa., and J. Robert Sherrod and Frederick D. Graves, both of Washington, D. C., of counsel), for petitioner.

Mabel Walker Willebrandt, Asst. Atty. Gen., and L. W. Scott, J. Louis Monarch, and C. M. Charest, all of Washington, D. C., for respondent.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

On this petition to review an order of re-determination made by the United States Board of Tax Appeals sustaining a determination by the Commissioner of Internal Revenue that the petitioner earned profits in the years 1918 and 1919 and was liable for income taxes in corresponding amounts, 6 B. T. A. 570, the petitioning taxpayer raises two questions:

(1) The right of the Commissioner when determining income taxes to disregard the books...

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