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FLEMING v. COMMISSIONER OF INTERNAL REVENUE

No. 9869.

121 F.2d 7 (1941)

FLEMING v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Fifth Circuit.

July 8, 1941.

Attorney(s) appearing for the Case

Harry C. Weeks, of Fort Worth, Tex., for petitioner.

Hubert L. Will, Sewall Key, Helen R. Carloss, and John J. Pringle, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

This is a petition to reverse a judgment of the Board of Tax Appeals, which affirmed the Commissioner in determining deficiencies of income taxes of petitioner, William Fleming, trustee, of $2,500.53 and $3,020.80 for the fiscal years 1935 and 1936, respectively. We refer to the decision of the Board, 43 B.T.A. ___, for a comprehensive review of the facts and the law. The material facts necessary to be considered on this appeal may be somewhat...

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