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PROKOP v. COMMISSIONER OF INTERNAL REVENUE

Nos. 12163, 12164.

254 F.2d 544 (1958)

Alice V. PROKOP and Harry W. Prokop. Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Alice V. PROKOP, Respondent.

United States Court of Appeals Seventh Circuit.

As Corrected May 8, 1958.

Rehearing Denied May 29, 1958.

Attorney(s) appearing for the Case

Chester J. Niebler, Marshall J. Herro, Milwaukee, Wis., for petitioner Prokop.

Charles K. Rice, Asst. Atty. Gen., S. Dee Hanson, Atty., Tax Division, U. S. Dept. of Justice, Washington, D. C., Lee A. Jackson, H. Baum, Attys., Dept. of Justice, Washington, D. C., for C. I. R.

Before FINNEGAN and SCHNACKENBERG, Circuit Judges, and WHAM, District Judge.

WHAM, District Judge.

The petitioners, Harry W. Prokop and Alice V. Prokop, are husband and wife and were at all times pertinent to this case. For the year 1944 they made a joint income tax return and this is the sole involvement of Harry W. Prokop in these proceedings. For the years 1945, 1946, and 1947 they made individual returns and those years affect Mrs. Prokop only. In their respective returns the income so reported by each was the

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