GILLESPIE v. COMMISSIONER OF INTERNAL REVENUE

No. 3123.

151 F.2d 903 (1945)

GILLESPIE v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 2, 1946.


Attorney(s) appearing for the Case

Harold E. Rorschach, of Tulsa, Okl. (Jack L. Rorschach, of Vinita, Okl., on the brief), for petitioner.

John F. Costelloe, of Washington, D. C. (Samuel O. Clark, Jr., Sewall Key, and J. Louis Monarch, all of Washington, D. C., on the brief), for respondent.

Before MURRAH, Circuit Judge, and RICE and SAVAGE, District Judges.


MURRAH, Circuit Judge.

The first question presented by this appeal is whether a judgment of the Tax Court involving amounts received by the taxpayer for the taxable year 1934, operates as an estoppel to the maintenance of this suit involving income of the taxpayer in subsequent years from the same source. The Tax Court held the taxpayer estopped by its former judgment, and that ruling, if correct, is dispositive of this appeal.

To effect an absolute division...

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