WESTFELDT v. COMMISSIONER OF INTERNAL REVENUE

No. 6260.

63 F.2d 882 (1933)

WESTFELDT v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

March 13, 1933.


Attorney(s) appearing for the Case

Monte M. Lemann and Nicholas Callan, both of New Orleans, La., for petitioner.

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

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


SIBLEY, Circuit Judge.

The taxpayer in his returns for the calendar year 1924 showed a capital net loss, but a large ordinary net income. Part of the latter was due to his share in the profits of a partnership which had a fiscal year ending in June, 1924. A part of the partnership profits was therefore attributable to business done in 1923, and by section 207 (b) of the Revenue Act of 1924 (26 USCA § 938 (b) should have tax rates of 1923 applied to it in computing...

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