UNITED STATES v. WHARTON

No. 14289.

207 F.2d 526 (1953)

UNITED STATES v. WHARTON.

United States Court of Appeals Fifth Circuit.

November 4, 1953.


Attorney(s) appearing for the Case

Robert B. Ross, Sp. Asst. to Atty. Gen., Charles S. Lyon, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., Dept. of Justice, Washington, D. C., John D. Hill, U. S. Atty., Birmingham, Ala., Robert N. Anderson, Sp. Asst. to Atty. Gen., W. R. Bradford, Asst. U. S. Atty., Birmingham, Ala., for appellant.

Erle Pettus, Jr., Birmingham, Ala., Jackson, Rives, Pettus & Peterson, Birmingham, Ala., of counsel, for appellee.

Before HOLMES and RIVES, Circuit Judges, and KENNAMER, District Judge.


RIVES, Circuit Judge.

This appeal involves federal income taxes for the calendar years 1946, 1947 and 1948 and presents one single question: Whether interest paid on an indebtedness secured by a mortgage on rental property is deductible from gross income in determining adjusted gross income under Section 22(n) (4) of the Internal Revenue Code1 where there is no showing by the taxpayer that the proceeds of the mortgage were used, or the...

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