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FEINBERG v. C. I. R.

No. 18556.

377 F.2d 21 (1967)

Adolph K. FEINBERG and Virginia B. Feinberg, His Wife, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

May 2, 1967.

Attorney(s) appearing for the Case

Norman Barken, St. Louis, Mo., for petitioners and Henry C. Lowenhaupt, St. Louis, Mo., on the brief.

Albert J. Beveridge, III, Atty., Tax Div., Dept. of Justice, Washington, D. C., for respondent and Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and David O. Walter, Attys., Tax Div., Dept. of Justice, Washington, D. C., on the brief.

Before MATTHES, LAY and HEANEY, Circuit Judges.

MATTHES, Circuit Judge.

This case is before the Court on petition to review the decision of the Tax Court, sustaining the Commissioner's determination of deficiencies in Petitioners' 1957 and 1959 individual income taxes in the amount of $9,207.53 and $19,138.99, respectively. The opinion of the Tax Court is reported at 45 T.C. 635 (1966).

The underlying question for our determination concerns the application of § 1033...

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