SMITH, District Judge.
This action for recovery of income tax for the fiscal years ending August 31, 1940 and 1941 is based primarily on a claim that the income from a school of which the taxpayer was the head, and from other investments, should be credited one-half to the husband and one-half to the wife, as equal partners, rather than all to the husband.
From sometime in 1920, about a year after their marriage in 1919, the wife worked alongside the husband...
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