HART v. C. I. R.

No. 27, Docket 28753.

338 F.2d 410 (1964)

Milton HART and Vivien Hart, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided November 16, 1964.


Attorney(s) appearing for the Case

Abraham S. Guterman, New York City (Alan Ditchik, New York City, on the brief), for petitioners.

Harry Marselli, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Edward L. Rogers, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before LUMBARD, Chief Judge, and FRIENDLY and MARSHALL, Circuit Judges.


PER CURIAM.

We affirm the judgment of the Tax Court, 41 T.C. 131 (1963) which upheld the Commissioner's assessment of tax deficiencies against the petitioners, husband and wife, for the years 1956, 1957, and 1958. These deficiencies arose because the Commissioner disallowed deductions claimed by the taxpayers by reason of their payment in those years of dividends of $10,250 in 1956, $41,250 in 1957, and in 1958 a total of $65,700 in...

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