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BOLICH v. RUBEL

No. 66.

67 F.2d 894 (1933)

BOLICH, Internal Revenue Agent, v. RUBEL.

Circuit Court of Appeals, Second Circuit.

December 4, 1933.

Attorney(s) appearing for the Case

Fred R. Angevine, of New York City, for appellant.

Harold Allen, of Washington, D. C., and Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Sewall Key and John MacC. Hudson, Sp. Assts. to Atty. Gen., and Herbert H. Kellogg and Albert D. Smith, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

Rubel, the plaintiff, was the president of several corporations who filed income tax returns for the years 1926-1929, inclusive. The Commissioner found a deficiency as to all these years and sent to the companies "60-day letters," to review which they filed petitions with the Board of Tax Appeals. In February, 1933, while these appeals were pending, the Commissioner sent a letter to the corporations in conformity with section 1105 of the Revenue Act of...

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