LUSTHAUS v. COMMISSIONER

Docket No. 112702.

3 T.C. 540 (1944)

A. L. LUSTHAUS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 29, 1944.


Attorney(s) appearing for the Case

W. A. Seifert, Esq., William Wallace Booth, Esq., Jos. W. Ray, Jr., Esq., Paul E. Hutchinson, Esq., and A. G. Wallerstedt, C. P. A., for the petitioner.

W. J. McFarland, Esq., for the respondent.


The respondent has determined an income tax deficiency of $22,419.98 for 1940. The principal amount, and contested portion, of the deficiency results from the inclusion in petitioner's gross income of all of the profits of a furniture business which petitioner and his wife reported in equal shares as partnership income.

FINDINGS OF FACT.

Petitioner is a resident of Uniontown, Pennsylvania. He filed his income tax return for 1940 with the collector of internal...

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