SMYTH v. COLE

No. 13080.

218 F.2d 667 (1955)

James G. SMYTH, Collector of Internal Revenue, Appellant, v. George G. COLE and Myrtle N. Cole, Appellees.

United States Court of Appeals, Ninth Circuit.

January 19, 1955.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky, George F. Lynch, Sp. Assts. to Atty. Gen., Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellant.

Clyde C. Sherwood, John V. Lewis, M. L. Lieberman, San Francisco, Cal., for appellees.

Before HEALY, BONE and POPE, Circuit Judge.


BONE, Circuit Judge.

Appellees are husband and wife whose only income was community income which was reported on a community and calendar year cash basis. The tax year here involved was 1944, and each taxpayer filed a separate return for that year.

Appellees owned two parcels of California land used for the purpose of growing oranges. On January 3, 1944, they conveyed both parcels (called orange groves) to their son. The consideration (stated in what appears...

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