GORDON v. COMMISSIONER OF INTERNAL REVENUE

No. 7484.

75 F.2d 429 (1935)

GORDON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Ninth Circuit.

February 18, 1935.


Attorney(s) appearing for the Case

Fred Horowitz, of Los Angeles, Cal., for petitioner.

Frank J. Wideman, Asst. Atty. Gen., and Sewall Key and Lucius A. Buck, Sp. Assts. to the Atty. Gen., for respondent.

Before WILBUR and GARRECHT, Circuit Judges, and CAVANAH, District Judge.


WILBUR, Circuit Judge.

Petitioner sought relief from a deficiency tax fixed by the respondent for the calendar year 1928 in the amount of $2,614.50. The error set out in the petition for which redress is sought is as follows: "That petitioner was not permitted to divide community property income for the year 1928 with his wife but the whole of said community income was assessed against the petitioner."

The petitioner alleged that the facts upon which he relied...

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