CULBERTSON v. COMMISSIONER OF INTERNAL REVENUE

No. 13544.

194 F.2d 581 (1952)

CULBERTSON et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

March 6, 1952.


Attorney(s) appearing for the Case

Benjamin L. Bird, Fort Worth, Tex., for petitioners.

Theron L. Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., Charles Oliphant, Ch. Cnsl. Bur. Int. Rev., John M. Morawski, Sp. Atty. Bur. Int. Rev., Washington, D. C., Harry Baum, Sp. Asst. to Atty. Gen., Robert M. Weston, Sp. Asst. to Atty. Gen., for respondent.

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


HUTCHESON, Chief Judge.

When this case was here before,1 the burden was on the taxpayer to show that the adverse findings and decision of the Tax Court was not supported by substantial evidence. Agreeing with the taxpayers that it was not, this court, in a thoroughly considered and carefully reasoned opinion, reversed the finding and decision of the Tax Court and the reversal was in principle sustained in the Supreme Court.

The...

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