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FUCHS v. COMMISSIONER OF INTERNAL REVENUE

No. 601, Docket 33046.

413 F.2d 503 (1969)

ESTATE OF Frank FUCHS, Deceased, Edith Fuchs, Executrix, and Edith Fuchs, Surviving Wife Individually, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals Second Circuit.

Decided June 27, 1969.

Attorney(s) appearing for the Case

Louis A. Gruhin, Brooklyn, N. Y. (Joan T. Harnes, Brooklyn, N. Y., on the brief), for appellant.

David English Carmack, Attorney, Department of Justice (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Jonathan S. Cohen, Attorneys, Department of Justice, on the brief), for appellee.

Before LUMBARD, Chief Judge, FEINBERG, Circuit Judge, and TIMBERS, District Judge.

FEINBERG, Circuit Judge:

Petitioner appeals individually and as executrix for her husband's estate from a decision of the Tax Court of the United States, 27 CCH Tax Ct.Mem. 916 (1968), C. Moxley Featherston, J., finding income tax deficiencies in the amount of $15,802.63 in petitioner's joint returns filed for the years 1959-1962. The issue, arising under section 165 of the Internal Revenue Code of 1954 and section 1.165-1 (d) of the Regulations, is the proper year...

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