McDONALD v. PHINNEY

No. 18558.

285 F.2d 121 (1961)

Sam G. McDONALD, Appellant, v. Robert L. PHINNEY, Director of Internal Revenue, First District of Texas, and the United States, Appellees.

United States Court of Appeals Fifth Circuit.

January 5, 1961.


Attorney(s) appearing for the Case

Frank L. Scofield, Austin, Tex., for appellant.

C. Moxley Featherston, Lee A. Jackson, Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Russell B. Wine, U. S. Atty., San Antonio, Tex., A. F. Prescott, Norman H. Wolfe, Attorneys, Department of Justice, Washington, D. C., K. Key Hoffman, Jr., Asst. U. S. Atty., San Antonio, Tex., for appellees.

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


TUTTLE, Chief Judge.

Notice was served by mail on appellant on November 29, 1955, as to certain deficiencies in federal income tax payments for 1946, the deficiency claimed by the United States being in the amount of $44,997.26, plus fraud penalties of $22,498.63, under the Internal Revenue Code of 1939, § 293(b), 26 U.S.C.A. § 293(b), and additional penalties for a substantial underestimation of tax of $2,709.24 under Section 294(d) (2), 26 U.S.C.A. §...

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