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GINSBERG'S ESTATE v. C. I. R.

No. 17674.

271 F.2d 511 (1959)

Estate of Charles J. GINSBERG, Deceased, Burton Ginsberg and Harry Steinberg, Co-Executors, and Annette Ginsberg, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 9, 1959.

Attorney(s) appearing for the Case

Arthur B. Cunningham, Cunningham & Weinstein, Miami, Fla., for Ginsberg's Estate.

Robert Alpern, Shapero & Shapero, Detroit, Mich., for petitioner Annette Ginsberg.

Charles K. Rice, Asst. Atty. Gen., Arch M. Cantrall, Chief Counsel, Internal Revenue Service, John M. Morawski, Special Atty., Internal Revenue Service, Washington, D. C., Joseph Kovner, Lee A. Jackson, Harry Baum, Dept. of Justice, Washington, D. C., for respondent.

Before RIVES, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This is a petition to review the unreported decision, based on findings of fact and conclusions of the Tax Court in two cases which were consolidated for trial in that Court. The two questions involved in this appeal are: (1) whether the Tax Court was in error in holding the estate liable for income taxes and the fraud penalties for income received by the decedent, Charles J. Ginsberg, during the years 1946, 1947 and 1948, and the widow liable...

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