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ALTMAN v. C. I. R.

No. 587, Docket 72-1950.

475 F.2d 876 (1973)

Alfred ALTMAN and Irene Altman, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 8, 1973.

Attorney(s) appearing for the Case

Samuel N. Greenspoon, New York City (Harry Simon, New York City, of counsel), for petitioners-appellants.

Louis A. Bradbury, Atty., Tax Division, Department of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., and Meyer Rothwacks and Richard W. Perkins, Attys., Tax Division, Department of Justice, Washington, D. C., of counsel), for respondent-appellee.

Before FRIENDLY, Chief Judge, and ANDERSON and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal by the petitioners from a decision of the Tax Court, Hon. Irene F. Scott, 31 CCH Tax Ct.Mem. 91, entered on April 28, 1972, holding that the petitioners had unreported taxable income for the year 1964 in the amount of $122,535.36 and determined a tax deficiency in the amount of $77,890.37. We affirm.

The first question to be determined upon appeal is whether the Tax Court properly decided that the $122,535.36 received...

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