COMMISSIONER OF INTERNAL REVENUE v. REECE

No. 5091.

233 F.2d 30 (1956)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Franklin A. REECE, Respondent.

United States Court of Appeals First Circuit.

Decided May 3, 1956.


Attorney(s) appearing for the Case

Walter R. Gelles, Atty., Dept. of Justice, Washington, D. C., with whom Charles K. Rice, Acting Asst. Atty. Gen., and Lee A. Jackson and Harry Baum, Attys., Dept. of Justice, Washington, D. C., were on brief, for petitioner.

Andrew C. Bailey, Boston, Mass., with whom Powers & Hall, Boston, Mass., was on brief, for respondent.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


MAGRUDER, Chief Judge.

The Commissioner asks us to review a decision of the Tax Court entered August 10, 1955, concluding that there is no deficiency in the income tax of Franklin A. Reece for the calendar year 1947. In determining a deficiency, the Commissioner had ruled that certain "royalty" income paid to the taxpayer's wife pursuant to an assignment must be attributed to the taxpayer and included in his gross income for the year 1947. The Tax Court held otherwise...

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