GOLDSWORTHY v. C. I. R.

No. 15572.

262 F.2d 435 (1958)

Herbert GOLDSWORTHY and Nellie L. Goldsworthy, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 12, 1959.


Attorney(s) appearing for the Case

Wallace & Wallace, W. W. Wallace, Los Angeles, Cal., for petitioners.

Charles K. Rice, Asst. Atty. Gen., Myron C. Baum, Lee A. Jackson, Harry Baum, Attorneys, Department of Justice, Washington, D. C., for respondent.

Before LEMMON, CHAMBERS and BARNES, Circuit Judges.


CHAMBERS, Circuit Judge.

On this review from a tax court decision we are primarily concerned with the income taxes of Herbert Goldsworthy and Nellie L. Goldsworthy, his wife, for the years 1946, 1947 and 1948 and with a loss carry-back from 1952 to 1951. All conclusions of the tax court were adverse to the taxpayer.

The James I. Barnes Construction Company (hereafter Barnes) was an Indiana partnership apparently engaged in heavy construction. Prior to 1944...

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