CARPENTER v. C. I. R.

No. 14211.

322 F.2d 733 (1963)

William K. CARPENTER and Frances K. Carpenter, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided August 29, 1963.

As Revised October 11, 1963.


Attorney(s) appearing for the Case

Gordon W. Gerber, Philadelphia, Pa., (Kenneth W. Gemmill, Anthony L. Bartolini, Dechert, Price & Rhoads, Philadelphia, Pa., on the brief), for petitioners.

Gilbert E. Andrews, Atty., Dept. of Justice, Washington, D. C., (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before HASTIE, GANEY and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge.

The petitioner William K. Carpenter, joined by his wife Frances K. Carpenter,1 challenges as erroneous the Tax Court's decision that interest prepayments on loans made against an annuity policy were not deductible from gross income under § 163(a) of the Internal Revenue Code of 1954, 26 U.S.C. 1954 ed. § 163 (a). The decision of the Supreme Court in Knetsch v. United States, 364...

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