SCHMIDT v. C. I. R.

No. 15712.

272 F.2d 423 (1959)

Babetta SCHMIDT, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

November 19, 1959.


Attorney(s) appearing for the Case

Abraham Berry, San Francisco, Cal., for petitioner.

Charles K. Rice, Asst. Atty. Gen., John Pajak, Arthur I. Gould, Harry Baum, Lee A. Jackson, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before CHAMBERS, POPE and HAMLIN, Circuit Judges.


POPE, Circuit Judge.

This case is before us upon petition to review a decision of the tax court rendered on redetermination of deficiency in income tax. Most of the facts which are important to our decision were stipulated. Petitioner, an elderly widow of foreign birth, whose income was derived from rents from real property which she owned, made it a practice to employ each year an accountant whom she entrusted to prepare her tax returns. This continued without incident...

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