HAY v. COMMISSIONER

Docket No. 19918.

13 T.C. 840 (1949)

GILBERT B. HAY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 30, 1949.


Attorney(s) appearing for the Case

Clifford Hoof, Esq., for the petitioner.

William E. Koken, Esq., for the respondent.


OPINION.

LeMIRE, Judge:

This proceeding involves a deficiency in income tax for the year 1945 in the amount of $5,812.53. The sole question in issue is whether petitioner's business income for the period between the date of an interlocutory decree of divorce and the date of a final decree of divorce is taxable to him as separate income, or whether it was community income.

The facts are set out in a written stipulation which, together with...

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