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BATTLESON v. COMMISSIONER OF INTERNAL REVENUE

No. 6667.

62 F.2d 125 (1932)

BATTLESON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

December 12, 1932.

Attorney(s) appearing for the Case

F. S. Jacobsen and E. G. Toomey, both of Helena, Mont., for petitioner.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, S. Dee Hanson, and Morton K. Rothschild, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel and Arthur Clark, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

WILBUR, Circuit Judge.

E. W. Battleson and Caroline Battleson are husband and wife. For the year 1925 they made separate returns of income in which the receipts from certain partnerships were included. The Tax Commissioner concluded that the income from these various partnerships was the income of the husband and not of the wife, and deducted the items of income from her return, and assessed a deficiency against the husband based upon the inclusion in his account...

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