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ANDERSON v. COMMISSIONER OF INTERNAL REVENUE

No. 16624.

250 F.2d 242 (1957)

Lewis Thurston ANDERSON and Clyde Velma Anderson, Lewis Thurston Anderson, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 30, 1957.

Attorney(s) appearing for the Case

L. Eugene McNatt, Atlanta, Ga., Thomas R. Spillane, Savannah, Ga., Cuba, Cuba & McNatt, Atlanta, Ga., of counsel, for petitioners.

Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, Atty., John N. Stull, Acting Asst. Atty. Gen., Nelson P. Rose, Chief Counsel, Int. Rev. Service, Rollin H. Transue, Special Atty., Washington, D. C., Lee A. Jackson, Harry Baum, Melvin L. Lebow, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

This petition for review of a decision of the Tax Court in these consolidated cases involving income tax liability for the years 1942 through 1948, and certain additions to the tax for several of the years, presents primarily a series of fact issues. These are whether the deficiencies ascertained by the increase in net worth method of computation are supported in fact by the record, whether the assessment of the fraud penalty for some of the...

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