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MIDDLETON v. COMMISSIONER OF INTERNAL REVENUE

No. 13946.

200 F.2d 94 (1952)

MIDDLETON v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

November 22, 1952.

Attorney(s) appearing for the Case

William R. Frazier, Jas. P. Hill and M. H. Myerson, Jacksonville, Fla., for petitioner.

Fred E. Youngman, Special Asst. to Atty. Gen., Ellis N. Slack, Acting Asst. Atty. Gen., Mason B. Leming, Acting Chief Counsel, Charles E. Lowery, Special Atty., Bureau of Internal Revenue, Washington, D. C., for respondent.

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

RUSSELL, Circuit Judge.

The petitioner timely filed his individual income tax returns for the years 1942 through 1947, inclusive, with the Collector of Internal Revenue, Jacksonville, Florida. These returns, with minor exceptions, accurately disclosed petitioner's income from his restaurant and tavern business and certain rental income, but failed to report any gains received by petitioner from his gambling activities for the years 1942 through 1945, and grossly understated...

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