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GINSBURG v. ARNOLD

No. 12381.

176 F.2d 879 (1949)

GINSBURG et ux. v. ARNOLD et al.

United States Court of Appeals Fifth Circuit.

On Rehearing September 13, 1949.

Attorney(s) appearing for the Case

Harry C. Weeks, Frank B. Appleman, Richard U. Simon, Fort Worth, Tex., for appellants.

Helen Goodner, George A. Stinson, Sp. Assts. to Atty. Gen., Theron L. Caudle, Asst. Atty. Gen., William P. Fonville, Asst. U. S. Atty., Dallas, Tex., for appellees.

Before HOLMES, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

Plaintiffs, husband and wife, residents of Texas, a community property state, appeal from an adverse judgment in an action to recover income taxes paid after a deficiency assessment had been levied against them covering the years 1942 through 1944, inclusive. The question encountered is whether a family partnership of the type presented in this instance is valid for tax purposes.

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