FLEISCHER v. COMMISSIONER OF INTERNAL REVENUE

No. 13389.

158 F.2d 42 (1946)

FLEISCHER et al. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Eighth Circuit.

December 5, 1946.


Attorney(s) appearing for the Case

William Kohn, of St. Louis, Mo., for petitioners.

Berryman Green, Sp. Asst. to Atty. Gen. (Douglas W. McGregor, Asst. Atty. Gen., and Sewall Key and A. F. Prescott, Sp. Assts. to Atty. Gen., on the brief), for respondent.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


SANBORN, Circuit Judge.

This is a petition to review a decision of the Tax Court denying petitioners' separate claims for refund of income taxes for the year 1941. Petitioners assert that part of what was reported by them as income for that year turned out to be a return of capital.

Alfred J. Fleischer is the son of Minnie R. Fleischer and her husband, Morris I. Fleischer. In 1941, the three Fleischers were the sole stockholders, directors and officers of...

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