SOMMERS v. COMMISSIONER OF INTERNAL REVENUE

No. 69, Docket 21774.

193 F.2d 609 (1952)

SOMMERS v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals, Second Circuit.

Decided January 8, 1952.


Attorney(s) appearing for the Case

Nordlinger, Riegelman & Benetar, New York City, for petitioner; H. H. Nordlinger and Simon J. Hauser, New York City, of counsel.

Charles Oliphant, Washington, D. C., Theron L. Caudle, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson and Louise Foster, Sp. Assts. to Atty. Gen., for respondent.

Before SWAN, Chief Judge, and L. HAND and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

Sommers, the taxpayer, seeks to reverse an order of the Tax Court which assessed a deficiency in his income tax for the year, 1944. The Commissioner included in his income the whole of Sommers' distributive share of the profits of a firm, called Deauville Bags, of which he was one of three partners; and Sommers asserts that it was improper to include more than one half the share, because the other half was the income of his wife. The judge...

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