HARVEY v. C. I. R.

No. 16798.

283 F.2d 491 (1960)

John J. HARVEY and Irma P. Harvey, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

November 1, 1960.


Attorney(s) appearing for the Case

A. Calder Mackay, Charles J. Higson, Los Angeles, Cal., for appellants.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Kenneth E. Levin, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before STEPHENS, BARNES and JERTBERG, Circuit Judges.


BARNES, Circuit Judge.

Petitioners brought this action in the Tax Court under § 272 of the Internal Revenue Code of 1939, 26 U.S.C.A. § 272, to redetermine a deficiency assessed by the Commissioner with respect to petitioner's income tax for 1953. Petitioners are husband and wife, Irma P. Harvey being a party to this proceeding only by reason of having filed a joint return with her husband. Hereinafter John J. Harvey will be referred to as taxpayer. This...

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