KALIL v. C. I. R.

No. 17769.

271 F.2d 550 (1959)

Ford A. KALIL and John Kalil, Petitioners-Respondents, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Petitioner, COMMISSIONER OF INTERNAL REVENUE, v. Ford A. KALIL and John Kalil.

United States Court of Appeals Fifth Circuit.

November 10, 1959.


Attorney(s) appearing for the Case

Ellsworth T. Simpson, Washington, D. C., for petitioners.

Charles K. Rice, Asst. Atty. Gen., Dept. of Justice, Arch M. Cantrall, Chief Counsel, Internal Revenue Service, John M. Morawski, Special Atty., Internal Revenue Service, Howard A. Heffron, Acting Asst. Atty. Gen., Dept. of Justice, Lee A. Jackson, Robert N. Anderson, Joseph Kovner, Attys., 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 for review of a decision by the Tax Court that income tax deficiencies conceded to exist for years 1942, 1943 and 1944, were in part due to "fraud with intent to evade tax" and that therefore the statute of limitation was tolled as to those years.

In the years in question the petitioners were partners in a liquor business in Live Oak, Florida. They operated five or six stores. They kept a single entry system of books...

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