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KEHOE v. COMMISSIONER OF INTERNAL REVENUE

No. 6709.

105 F.2d 552 (1939)

KEHOE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Third Circuit.

June 27, 1939.

Attorney(s) appearing for the Case

Leo W. White, of Pittston, Pa., R. M. O'Hara, of Washington, D. C., W. H. Gillespie, of Pittston, Pa., and Robert T. McCracken, of Philadelphia, Pa., for petitioner.

James W. Morris, Asst. Atty. Gen., and Sewall Key and Earl C. Crouter, Sp. Assts. to Atty. Gen., for respondent.

Before DAVIS, BIGGS, and BUFFINGTON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This is a petition to review the decision of the United States Board of Tax Appeals. The Commissioner of Internal Revenue has assessed the petitioner, John Kehoe, with a deficiency in tax for 1925 of $208,043.36, plus a penalty of $108,803.61. The Board of Tax Appeals confirmed the Commissioner and dismissed Kehoe's appeal.

The fact situation presents no dispute. The petitioner's income tax for 1925 is involved. Twice he paid, without...

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