POGGETTO v. UNITED STATES

No. 17674.

306 F.2d 76 (1962)

Anna POGGETTO and A. D. Poggetto, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 30, 1962.


Attorney(s) appearing for the Case

Lewis & Foster, John V. Lewis, and Richard H. Foster, San Francisco, Cal., for appellants.

John B. Jones, Jr., Acting Asst. Atty. Gen., Lee A. Jackson, Gilbert E. Andrews, and William A. Friedlander, Attys., Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., and Richard L. Carico, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before ORR, HAMLEY and HAMLIN, Circuit Judges.


ORR, Circuit Judge.

Appellants seek to recover federal income taxes paid for the calendar years 1956 and 1957, on the ground that $23,000.00 which had been received and reported as income by their daughter Marian Poggetto, was improperly attributed to appellant A. D. Poggetto. Under state community property law each appellant, A. D. Poggetto and his wife, Anna, was taxed by the Commissioner of Internal Revenue on fifty per...

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