MILLER v. COMMISSIONER OF INTERNAL REVENUE

No. 325.

150 F.2d 823 (1945)

MILLER v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

July 9, 1945.


Attorney(s) appearing for the Case

Morris F. Goldstein, of New York City (Abraham P. Insel, of New York City, on the brief), for petitioner.

Harry Baum, of Washington, D. C., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Robert N. Anderson, Sp. Assts. to the Atty. Gen., for respondent.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


PER CURIAM.

This case turns wholly upon questions of fact; and those, of a kind which depend for the most part upon how far the judge was willing to take the word of the taxpayer, who personally appeared before him, and was, indeed, the only witness except an accountant. The chief issue was as to whether the taxpayer and his wife had been in partnership, as jobbers in candies, cigarettes and tobacco during 1940, the year of the disputed assessment. The taxpayer's...

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