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FAWSETT v. COMMISSIONER OF INTERNAL REVENUE

No. 4757.

63 F.2d 445 (1933)

FAWSETT v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 20, 1933.

Attorney(s) appearing for the Case

Charles F. Fawsett, of Milwaukee, Wis., for petitioner.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and John MacC. Hudson, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Laura M. Berrien, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before ALSCHULER and EVANS, Circuit Judges, and LINDLEY, District Judge.

EVANS, Circuit Judge.

Petitioner asserts that the amount in controversy, being the profits obtained on a Florida real estate deal, should not have been included in her 1925 taxable income, but were profits of the year 1930. The Commissioner and the Board of Tax Appeals held otherwise.

The facts out of which the controversy arises may be briefly stated as follows:

Petitioner, a Milwaukee resident, and Flower Brothers, Florida real estate dealers, purchased...

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