SMITH v. COMMISSIONER

Docket No. 63284.

32 T.C. 1261 (1959)

JACK SMITH AND ROSE MAE SMITH, HUSBAND AND WIFE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed September 23, 1959.


Attorney(s) appearing for the Case

Henry C. Diehl, Esq., and Charles E. Horning, Jr., Esq., for the petitioners.

Richard W. Janes, Esq., and Cyrus A. Johnson, Esq., for the respondent.


MULRONEY, Judge:

The respondent determined deficiencies in petitioners' income tax for the years 1952 and 1953 in the amounts of $13,950.43 and $6,936.92, respectively.

The issue is whether respondent was correct in not recognizing as partners in the Boston Shoe Company, the trustees of certain trusts created by the petitioners for the benefit of their two children.

FINDINGS OF FACT.

Some of the facts have been stipulated and they...

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