HELVERING v. JONES

No. 11731.

120 F.2d 828 (1941)

HELVERING, Com'r of Internal Revenue, v. JONES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 23, 1941.


Attorney(s) appearing for the Case

Harry Marselli, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and John J. Pringle, Jr., Sp. Assts. to Atty. Gen., on the brief), for petitioner.

Chase Morsey, of St. Louis, Mo. (Edward W. Lake, of St. Louis, Mo., on the brief), for respondent.

Before GARDNER and JOHNSEN, Circuit Judges, and COLLET, District Judge.


GARDNER, Circuit Judge.

This matter is before us on petition of the Commissioner of Internal Revenue for a review of the decision of the United States Board of Tax Appeals which determined a deficiency in respondent's income tax for the year 1931 in the amount of $2.05, whereas the Commissioner had determined a deficiency in the tax for that year in the amount of $1,589.83. The facts were stipulated and are as follows:

On February 11, 1931, respondent purchased...

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