LE SAGE v. COMMISSIONER OF INTERNAL REVENUE

No. 12431.

173 F.2d 826 (1949)

LE SAGE et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

April 15, 1949.


Attorney(s) appearing for the Case

Emil Corenbleth of Dallas, Tex., for petitioner.

Theron L. Caudle, Asst. Atty. Gen., Geo. A. Stinson, Sp. Asst. to Atty. Gen., Charles Oliphant, Chief Counsel Bureau of Internal Revenue, and J. M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., and Ellis N. Slack, and Melva M. Graney, Sp. Assts. to Atty. Gen., for respondent.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.


LEE, Circuit Judge.

This case presents the question of the bona fides and realities for tax purposes of a family-partnership arrangement between father and daughter, and also the question of the actual date of sale of a partnership interest in another and unrelated enterprise. The petitioners, Robert S. and Julia LeSage, residents of the State of Texas, are husband and wife, the latter being a party only because all net income during the calendar years 1942 and 1943...

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