ALLEN v. C. I. R.

No. 74-2884.

514 F.2d 908 (1975)

Jennie ALLEN, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 11, 1975.


Attorney(s) appearing for the Case

Charles J. Hlavinka, Texarkana, Tex., for petitioner-appellant.

Dennis M. Donohue, Tax Div., Dept. of Justice, Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Chief, Appellate, Sec., Jonathan S. Cohen, Murray S. Horwitz, Attys., Tax Div., Dept. of Justice, Meade Whitaker, Chief Counsel, Edward D. Robertson, I.R.S., Washington, D. C., W. B. Riley, Reg. Counsel, U. S. Treasury Dept., I.R.S., Dallas, Tex., for respondent-appellee.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

Taxpayer, Jennie Allen, appeals from a decision by the Tax Court, 61 T.C. 125 (1974), finding deficiencies due in federal income tax for 1960 and 1961. We reverse the Tax Court's holding that Mrs. Allen is not entitled to the protection of section 6013(e), Internal Revenue Code of 1954, 26 U.S.C. § 6013(e), the "innocent spouse" statute, for tax year 1960, and affirm its holding that certain items...

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