COMMISSIONER OF INTERNAL REVENUE v. CARPENTER

No. 15088.

219 F.2d 635 (1955)

COMMISSIONER OF INTERNAL REVENUE v. B. A. CARPENTER.

United States Court of Appeals, Fifth Circuit.

March 2, 1955.


Attorney(s) appearing for the Case

Karl Schmeidler, Ellis N. Slack, and Lee A. Jackson, Sp. Assts. to Atty. Gen., H. Brian Holland, Asst. Atty. Gen., Daniel A. Taylor, Chief Counsel, and William D. Crompton, Sp. Atty., Int. Rev. Serv., Washington, D. C., for petitioner.

Mac Asbill, Jr., William A. Sutherland, Washington, D. C., Claude L. Gray, Orlando, Fla., Dorothea Watson, Orlando, Fla., for respondent.

Before HOLMES, RIVES and TUTTLE, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from a decision of the Tax Court, which held that the respondent was not liable for alleged income tax deficiencies asserted to be owing for the fiscal years ending February, 1946, through 1949. The facts are not in dispute, and the only question is whether the respondent must include in his gross income the face amount of revolving fund certificates issued by a farmer cooperative association.

There was an agreement between...

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