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FOSTER v. C. I. R.

No. 73-1155.

487 F.2d 902 (1973)

Tully V. FOSTER et al., Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 29, 1973.

Attorney(s) appearing for the Case

Bennet Kleinman, Cleveland, Ohio, for appellants; Kahn, Kleinman, Yanowitz & Arnson, Cleveland, Ohio, on brief.

Jonathan S. Cohen, U. S. Dept. of Justice, for appellee; Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Richard W. Perkins, Libero Marinelli, Jr., Gordon S. Gilman, Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief; Lee H. Henkel, Jr., Chief Counsel, I.R.S., Washington, D. C., of counsel.

Before PHILLIPS, Chief Judge, and CELEBREZZE and LIVELY, Circuit Judges.

PER CURIAM.

The Tax Court determined that the appellants are liable for income tax deficiencies together with fraud penalties as prescribed by Section 6653(b) of the Internal Revenue Code of 1954. Tully V. Foster filed individual income tax returns for the years 1955 through 1958 and he and his wife Mary Foster filed joint returns for the years 1959 through 1962. On August 29, 1972 Judge Tannenwald of the Tax Court filed a Memorandum Opinion covering all eight years...

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