FEARING v. C. I. R.

No. 17177.

315 F.2d 495 (1963)

Maude T. FEARING, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

April 4, 1963.


Attorney(s) appearing for the Case

Gordon D. Simons, Minneapolis, Minn., for petitioner.

Harry Marselli, Attorney, Tax Division, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., Lee A. Jackson, Loring W. Post, Alan D. Pekelner, Attorneys, Tax Division, Washington, D. C., on the brief for respondent.

Before SANBORN and BLACKMUN, Circuit Judges, and STEPHENSON, District Judge.


BLACKMUN, Circuit Judge.

This petition for review concerns the taxpayer's right to dependency credits (under the 1939 Code) and exemption deductions (under the 1954 Code) for two grandchildren for the income tax calendar years 1953 and 1954. The issue was decided adversely to the taxpayer, T.C. Memo. 1962-148, 21 T.C.M. 800, on the ground that she had "failed to sustain her burden of showing that she contributed more than...

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