DALLY v. COMMISSIONER OF INTERNAL REVENUE

No. 14249.

227 F.2d 724 (1955)

Charles F. DALLY and Sarafrancis Dally, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 22, 1955.


Attorney(s) appearing for the Case

Gerald D. Hile, Clifford Hoof, Gerald Shucklin, Hile, Hoof & Shucklin, Seattle, Wash., for appellants.

H. Brian Holland, Asst. Atty. Gen., John Potts Barnes, Chief Counsel, I. R. S., Chicago, Ill., Davis W. Morton, Jr., Ellis N. Slack, L. W. Post, Sp. Assts. to Atty. Gen., for appellee.

Before STEPHENS, HEALY and POPE, Circuit Judges.


POPE, Circuit Judge.

The petitioning taxpayers are husband and wife. The wife is involved only because the income here considered was community income under Washington law. By "petitioner", as used herein, we mean Charles F. Dally.

In May, 1942, petitioner entered into a contract with Federal Public Housing Authority for the manufacture and delivery of 1000 prefabricated housing units. Article 8 of the contract provided...

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