HARTZ v. COMMISSIONER OF INTERNAL REVENUE

No. 13687.

170 F.2d 313 (1948)

HARTZ v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Eighth Circuit.

October 27, 1948.


Attorney(s) appearing for the Case

Donald B. Smith and I. E. Krawetz, both of St. Paul, Minn. (Randall, Smith, Blomquist & Krawetz, of St. Paul, Minn., on the brief), for petitioner.

Melva M. Graney, Sp. Asst. to Atty. Gen. (Theron L. Caudle, Asst. Atty. Gen., Ellis N. Slack, Fred E. Youngman and George A. Stinson, Sp. Assts. to Atty. Gen., and Charles Oliphant, Chief Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for respondent.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.


COLLET, Circuit Judge.

This action involves the correctness of the conclusion reached by the Tax Court of the United States that a partnership entered into by L. B. Hartz, his father B. J. Hartz, his mother Mrs. L. K. Hartz, his sister Miss Louise K. Hartz, and his wife Harriet L. Hartz was invalid for tax purposes. The Commissioner of Internal Revenue had reached the same conclusion and assigned the entire income of the business for the year 1941 to L. B. Hartz....

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