MORSE v. COMMISSIONER OF INTERNAL REVENUE

No. 98, Docket 22460.

202 F.2d 69 (1953)

MORSE v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided February 5, 1953.


Attorney(s) appearing for the Case

G. Barron Mallory, Chadbourne, Hunt, Jaeckel & Brown, New York City, for petitioner.

Charles S. Lyon, Ellis N. Slack and Carlton Fox, Washington, D. C., for respondent.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The findings and decision of the Tax Court, reported in 17 T.C. 1244, state the facts. The taxpayer does not dispute the findings. We agree with its decision and the reasons it gives to justify the decision. The taxpayer concedes that the first sentence of § 22(b) (2) (B) does not apply.1 He insists that the second sentence does.

1. We think not. We think it relates exclusively...

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