COMMISSIONER OF INTERNAL REVENUE v. DUCKWITZ

No. 5010.

68 F.2d 629 (1934)

COMMISSIONER OF INTERNAL REVENUE v. DUCKWITZ.

Circuit Court of Appeals, Seventh Circuit.

February 9, 1934.


Attorney(s) appearing for the Case

Pat Malloy, Asst. Atty. Gen., and J. Louis Monarch and J. P. Jackson, Sp. Assts. Atty. Gen., for petitioner.

J. C. Campbell, of Charles City, Iowa, for respondent.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.


EVANS, Circuit Judge.

Petitioner assessed respondent with a deficiency income tax for the taxable year 1919, the amount of which was based upon the sum he received through the liquidation of the Iowa-Burk Syndicate of which he was the owner of a beneficial interest. The propriety of the additional tax turns upon whether the syndicate was taxable as a corporation or as a trust.

A stipulation of facts tells the story of this venture.

In 1918, four men...

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