ESTATE OF DIEL v. COMMISSIONER

Docket No. 111628.

2 T.C.M. 16 (1943)

Estate of August Diel, Deceased, August Diel, Jr., Henry Diel and Daniel Diel, Executors v. Commissioner.

United States Tax Court.

Entered May 5, 1943.


Attorney(s) appearing for the Case

Howard Berkeley Thomas, Esq., Brix Bldg., Fresno, Calif., for the petitioner. Harry R. Horrow, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

SMITH, Judge:

This proceeding is for the redetermination of deficiencies in income tax for the calendar years 1938, 1939, and 1940 of $227.98, $521.79 and $2,878.76, respectively. The issue presented is whether the petitioner is liable to income tax for all of the income received from the community property acquired by the decedent prior to July 29, 1927, instead of one-half thereof as contended by the petitioner....

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