WILBUR, Circuit Judge.
Petitioner seeks to review the action of the Board of Tax Appeals confirming a deficiency letter of the Commissioner for the year 1929 for the sum of $7,243.90. The sole question involved in the appeal is whether or not one-half of the salary of the husband for the year 1929 should be assessed to the wife. This would be in accordance with the law of California (U. S. v. Malcolm,
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