COMMISSIONER OF INTERNAL REVENUE v. RABENOLD

No. 184.

108 F.2d 639 (1940)

COMMISSIONER OF INTERNAL REVENUE v. RABENOLD et ux.

Circuit Court of Appeals, Second Circuit.

January 8, 1940.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Norman D. Keller, and S. Dee Hanson, Sp. Assts. to the Atty. Gen., for petitioner.

Ellwood M. Rabenold, of New York City, for respondents.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.


SWAN, Circuit Judge.

The taxpayers are husband and wife who filed a single joint return of their income for the year 1933, pursuant to section 51(b) (2) of the Revenue Act of 1932, 47 Stat. 188, 26 U.S.C.A. § 51(b) (2). Their return showed no tax liability but the commissioner's audit disclosed a deficiency and a deficiency notice addressed to them both was mailed. The deficiency has been stipulated to be $3,578.59. Of the ordinary net income of the taxpayers...

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