COMMISSIONER OF INTERNAL REVENUE v. TENNEY

No. 3608.

120 F.2d 421 (1941)

COMMISSIONER OF INTERNAL REVENUE v. TENNEY.

Circuit Court of Appeals, First Circuit.

June 12, 1941.


Attorney(s) appearing for the Case

F. E. Youngman, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., on the brief), for petitioner.

Edward J. Keelan, Jr., of Boston, Mass. (Hale & Dorr, of Boston, Mass., on the brief), for Haidee S. Tenney.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAGRUDER, Circuit Judge.

The Commissioner of Internal Revenue petitions for review of a decision of the Board of Tax Appeals ruling that there was no deficiency in the income tax of Haidee S. Tenney for the year 1935.

The taxpayer married George L. Tenney in 1934. Mr. Tenney was in the insurance business, from which he received an annual income of about $4,000, but apparently he possessed no substantial capital. According to his testimony he had some competence...

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