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FLATO v. COMMISSIONER OF INTERNAL REVENUE

No. 16362.

245 F.2d 413 (1957)

Robert H. FLATO, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

June 10, 1957.

Attorney(s) appearing for the Case

Harvie Branscomb, Jr., Branscomb & Foy, Corpus Christi, Tex., for petitioner.

Marvin W. Weinstein, Hilbert P. Zarky, Fred E. Youngman, Ellis N. Slack, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., John Potts Barnes, Chief Counsel Internal Revenue Service, Charles O. Johnson, Sp. Atty., Internal Revenue Service, Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

In a proceeding before the Tax Court for ascertaining the correctness of the determinations made by the Commissioner of Internal Revenue of the Federal income tax liability of Robert H. Flato for the years 1945 and 1946, the facts were stipulated. Edwin F. Flato and Winnifred W. Flato, of Corpus Christi, Texas, were the parents of three sons, Franklin Flato, Frederick W. Flato, and Robert H. Flato. The parents owned as community property a three...

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