GEIGER'S ESTATE v. C. I. R.

No. 17864.

352 F.2d 221 (1965)

ESTATE of Wallace P. GEIGER, Deceased, Warren G. Dunkle, Executor, and Burnice I. Geiger, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

Certiorari Denied January 24, 1966.


Attorney(s) appearing for the Case

Melford M. Lothrop, Sioux City, Iowa, for petitioners and filed brief with Franklin E. Gill, Sioux City, Iowa.

Harold C. Wilkenfeld, Atty., Tax Division, Dept. of Justice, Washington, D. C., for respondent and filed brief with John B. Jones, Jr., Acting Asst. Atty. Gen., and Lee A. Jackson, Norman Sepenuk, and Lawrence B. Silver, Attys., Dept. of Justice, Washington, D. C.

Before BLACKMUN and RIDGE, Circuit Judges, and REGISTER, District Judge.


Certiorari Denied January 24, 1966. See 86 S.Ct. 620.

BLACKMUN, Circuit Judge.

The primary issue here is whether funds embezzled during the calendar years 1954-1959, inclusive, qualify as income for federal income tax civil deficiency purposes.

The taxpayers are Burnice I. Geiger and her husband, Wallace P. Geiger. They filed calendar year joint returns. Mr. Geiger died in 1961. The Tax Court held that the amounts of tax returned by the Geigers for...

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