ECKHARD v. COMMISSIONER OF INTERNAL REVENUE

No. 3991.

182 F.2d 547 (1950)

ECKHARD v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Tenth Circuit.

May 15, 1950.


Attorney(s) appearing for the Case

John E. Marshall and John J. Griffin, Oklahoma City, Okl. (H. L. Douglass and Sylvanus G. Felix, Oklahoma City, Okl., were with him on the brief), for petitioner.

Hilbert P. Zarky, Washington, D. C. (Theron Lamar Caudle, Assistant Attorney General, and Ellis N. Slack and Harry Baum, Special Assistants, were with him on the brief), for respondent.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The first question presented by this appeal is whether the petitioner taxpayer and his wife were business partners for income tax purposes during the taxable year 1943. The Commissioner determined that they were not, and the Tax Court affirmed. Another question is whether salary earned by the petitioner from a corporation, of which he was president, from July 1, 1941 to February 28, 1943, but left in the corporation as working capital until...

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