HENSON v. COMMISSIONER OF INTERNAL REVENUE

No. 12546.

174 F.2d 846 (1949)

HENSON v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

June 3, 1949.


Attorney(s) appearing for the Case

Herbert Johnson, Atlanta, Ga., for petitioner.

L. W. Post, Ellis N. Slack, Special Assts. to Atty. Genl., Theron Lamar Caudle, Asst. Attorney General, Charles Oliphant, Chief Counsel, Bur. Int. Rev., Washington, D. C., John M. Morawski, Spl. Attorney, Washington, D. C., for respondent.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

This is an appeal from a decision of the Tax Court sustaining a deficiency assessment against petitioner on income taxes alleged to be due for the year 1943.

The question presented is whether the Tax Court properly held $22,348.78 profit of the J. M. Henson Company for the period from August 1, 1943, to December 31, 1943, was taxable to petitioner as his income, even though on the former date he had executed a valid and complete gift...

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