HORN v. C. I. R.

No. 24525.

387 F.2d 621 (1967)

Richard M. HORN and Martha E. Horn, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

December 21, 1967.


Attorney(s) appearing for the Case

Albert M. Horn, Atlanta, Ga., for petitioners.

Lester R. Uretz, Chief Counsel, IRS, Christopher J. Ray, Atty., IRS, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Richard C. Pugh, Meyer Rothwacks, Robert I. Waxman, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before BROWN, Chief Judge, and FAHY and DYER, Circuit Judges.


PER CURIAM:

Petitioners, husband and wife, seek review of a decision of the Tax Court of the United States which upheld a deficiency determination against them made by the Commissioner of Internal Revenue in the circumstances now to be stated.

Petitioners filed joint income tax returns for the years 1957, 1959, 1960 and 1961. These returns failed to include funds admittedly embezzled during these years by the husband from a Credit Union of which he was treasurer...

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