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BARKER v. COMMISSIONER OF INTERNAL REVENUE

Nos. 47, 48, Dockets 24095, 24096.

250 F.2d 195 (1957)

Arthur S. BARKER and Alberta C. Barker, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided December 9, 1957.

Attorney(s) appearing for the Case

John W. Burke, Jr., New York City (William T. Pullman and John A. Clark, New York City, of counsel), for petitioners.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

The case involves deficiencies assessed against petitioners for the years 1946, 1947 and 1948, in the respective amounts of $2497.10, $3158.77 and $2009.84, all based upon the receipt of certain amounts in these years by Mrs. Alberta C. Barker. The husband, Arthur S. Barker, is interested only in the 1948 deficiency and this is solely because a joint return was filed by the husband and the wife for that year.

The question is whether...

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