PHILLIPS v. UNITED STATES

No. 13491.

193 F.2d 132 (1951)

PHILLIPS et ux. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 14, 1951.


Attorney(s) appearing for the Case

Wentworth T. Durant, Truxton Shaw, Dallas, Tex., for appellants.

S. Dee Hanson, Sp. Asst. to the Atty. Gen., Frank B. Potter, U. S. Atty., O. Morris Harrell, Asst. U. S. Atty., Dallas, Tex., Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to the Atty. Gen., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.


JOSEPH C. HUTCHESON, Jr., Chief Judge.

Brought by appellants for a refund of income taxes, the question presented below, on the answer to which the judgment turned, was whether losses incurred in connection with the operation of a ranch were attributable to Phillips' wife and daughter, as a partnership, or to Phillips.

The district judge held that the partnership of wife and daughter was valid for federal income tax purposes, and that the losses were properly...

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