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FOSTER v. COMMISSIONER OF INTERNAL REVENUE

No. 3.

96 F.2d 130 (1938)

FOSTER v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. FOSTER.

Circuit Court of Appeals, Second Circuit.

April 18, 1938.

Attorney(s) appearing for the Case

Mason, Spalding & McAtee, of Washington, D. C. (W. W. Spalding, of Washington, D. C., of counsel), for Emily Foster.

James W. Morris, Asst. Atty. Gen., and J. Louis Monarch and Berryman Green, Sp. Assts. to Atty. Gen., for Commissioner of Internal Revenue.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The result of this appeal is by agreement to determine the proper way to compute the income taxes for the year 1930 of four taxpayers, though only those of Emily Foster are immediately reviewed. Both she and the Commissioner of Internal Revenue appeal from an order of the Board of Tax Appeals fixing her tax deficiency at $6,608.97, the taxpayer on the ground that the Board declined to allow...

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