DORZBACK v. COLLISON

No. 10390.

195 F.2d 69 (1952)

DORZBACK v. COLLISON, Collector of Internal Revenue.

United States Court of Appeals Third Circuit.

Filed March 18, 1952.


Attorney(s) appearing for the Case

S. Walter Shine, Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, Edward J. P. Zimmerman, Special Assts. to the Atty. Gen., William Marvel, U. S. Atty., Wilmington, Del., on the brief), for appellant.

Morris Wolf, Philadelphia, Pa. (Samuel H. Levy, Bernard Wolfman, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., on the brief), for appellee.

Before MARIS and KALODNER, Circuit Judges, and STEWART, District Judge.


MARIS, Circuit Judge.

This is an appeal from a judgment for the plaintiff taxpayer in an action brought in the United States District Court for the District of Delaware for the recovery of income taxes and interest paid to the defendant Collector pursuant to deficiency assessments made by the Commissioner of Internal Revenue for the years 1943, 1944 and 1945.

The facts are these. On May 14, 1941 the taxpayer's wife loaned to the taxpayer from her own funds...

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