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DRINKHOUSE v. COMMISSIONER OF INTERNAL REVENUE

No. 262, Docket 23465.

225 F.2d 874 (1955)

Michael F. DRINKHOUSE, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 8, 1955.

Attorney(s) appearing for the Case

Victor R. Wolder, New York City, for petitioner.

H. Brian Holland, Ellis N. Slack and Morton K. Rothschild, Washington, D. C., for respondent.

Before L. HAND, SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The Tax Court heard irreconcilable testimony on the question of whether the $10,000 belonged to Drinkhouse. Drinkhouse testified that, at the December 4th meeting in Miss Barkow's apartment, she gave him the money to be deposited in her account. Miss Barkow emphatically denied having given him any funds, and her account of the December 4th episode was corroborated by the testimony of one Bessie Cushenberry who had been present at the time...

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