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GOLDBERG v. COMMISSIONER OF INTERNAL REVENUE

No. 6590.

100 F.2d 601 (1938)

GOLDBERG v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 3, 1939.

Attorney(s) appearing for the Case

Robert Jackson, of Washington, D. C., Aaron Holman, of New York City, and Thomas H. Fisher, of Chicago, Ill., for petitioner.

James W. Morris, Asst. Atty. Gen., and Sewall Key and Joseph M. Jones, Sp. Assts. to Atty. Gen., for respondent.

Before SPARKS and MAJOR, Circuit Judges and LINDLEY, District Judge.

MAJOR, Circuit Judge.

There is here presented for review a decision of the Board of Tax Appeals redetermining a deficiency in income tax against the petitioner for the calendar year 1928, in the amount of $49,007.48, plus a 50% penalty of $24,503.74, a total of $73,511.22.

Upon the hearing before the Board of Tax Appeals, the respondent conceded that in the absence of proof of fraud, the Statute of Limitations was a bar to any assessment.

During the...

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