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DAVIS v. COMMISSIONER OF INTERNAL REVENUE

No. 7475.

249 F.2d 69 (1957)

Frank S. DAVIS, Frank S. Davis and Arline Davis, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1957.

Attorney(s) appearing for the Case

Clayton Lee Burwell, Washington, D. C. (James R. Murphy, and Murphy, Duiker, Smith & Burwell, Washington, D. C., on brief), for petitioners.

Gilbert E. Andrews, Jr., Atty., Dept. of Justice, Washington, D. C. (John H. Stull, Acting Asst. Atty. Gen., Lee A. Jackson and Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., on brief), for respondent.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

PER CURIAM.

This case concerns deficiencies in income taxes and fraud penalties for the years 1944, 1945, 1947 and 1950, determined by the Commissioner of Internal Revenue against the taxpayers. The taxpayers are Frank S. and Arline Davis, who filed joint returns for certain years, but since the wife had no separate income the inquiry is directed to the income of the husband.

The taxpayer was engaged in illegal operation...

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