BACA v. C. I. R.

No. 20354.

326 F.2d 189 (1964)

Marion C'de BACA, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

January 2, 1964.


Attorney(s) appearing for the Case

Wentworth T. Durant, Robert Edwin Davis, Dallas, Tex., for petitioner.

J. Edward Shillingburg, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Crane C. Hauser, Chief Counsel, I. R. S., Glen E. Hardy, Atty., I. R. S., Washington, D. C., for respondent.

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


TUTTLE, Chief Judge.

This petition to review a decision of the Tax Court raises the question whether a taxpayer loses the right to report a sale of real estate as an installment sale if he negligently fails to file a return for the tax year in question.

The relevant facts are all stipulated. Those essential to our consideration of the case are: Petitioner was a single woman residing in Amarillo, Texas, during 1953. During that year she received $118,400.00...

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