BATMAN v. COMMISSIONER OF INTERNAL REVENUE

No. 13386.

189 F.2d 107 (1951)

BATMAN et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 7, 1951.


Attorney(s) appearing for the Case

Arthur Glover, Walter G. Russell, Amarillo, Tex., for petitioner.

George D. Webster, Ellis N. Slack, Helen Goodner, Francis W. Sams, Sp. Assts. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Charles Oliphant, Chief Counsel, W. Herman Schwatka, Sp. Atty., Bureau of Internal Revenue, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.


HUTCHESON, Chief Judge.

The commissioner determined deficiencies in petitioners' income taxes for the calendar years 1944 and 1945, mainly due to his conclusion that no valid partnership for income tax purposes existed between petitioner Ray L. Batman and his minor son, Gerald.

The tax court, upon a petition for redetermination, sustained this determination and failed to reduce substantially the deficiencies found.

Petitioners, constituting a Texas...

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