ATLAS v. COMMISSIONER

Docket No. 24656.

10 T.C.M. 333 (1951)

Maurice Atlas v. Commissioner.

United States Tax Court.

Entered April 5, 1951.


Attorney(s) appearing for the Case

Frank C. Olive, Esq., 509 Chamber of Commerce Bldg., Indianapolis, Ind., for the petitioner. John O. Durkan, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

The Commissioner determined a deficiency2 in petitioner's income tax for 1944. Petitioner claims an overpayment of $976.72 in income tax for that year.

The only question is whether for tax purposes petitioner and his wife were engaged in a business as partners in that year, so that income from the business in 1944 was taxable to both of them rather than to petitioner alone.

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