LANDA v. COMMISSIONER OF INTERNAL REVENUE

Nos. 11540, 11541.

206 F.2d 431 (1953)

LANDA v. COMMISSIONER OF INTERNAL REVENUE. COMMISSIONER OF INTERNAL REVENUE v. ASTIN.

United States Court of Appeals District of Columbia Circuit.

Decided April 2, 1953.


Attorney(s) appearing for the Case

Mr. Raymond N. Beebe, Washington, D. C., Mr. Raymond C. Cushwa, Washington, D. C., on the brief, for Alfons B. Landa.

Mr. George F. Lynch, Sp. Asst. to Atty. Gen., with whom Messrs. Ellis N. Slack and A. F. Prescott, Sp. Assts. to Atty. Gen., were on the brief, for Commissioner of Internal Revenue.

Mr. Christopher A. Ray, Sp. Atty., Bureau of Internal Revenue, Washington, D. C., also entered his appearance.

Mr. Meredith M. Daubin, Washington, D. C., for Marjorie M. Astin.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.


BAZELON, Circuit Judge.

The only question we need decide on these appeals is whether the Tax Court erred in refusing "to ascribe probative weight to oral testimony" explaining or contradicting the terms of certain written agreements. These agreements between Mr. Landa1 and his former wife, Mrs. Astin,2 were made in connection with their separation and in contemplation...

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