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KREIS' ESTATE v. COMMISSIONER OF INTERNAL REVENUE

No. 12428.

227 F.2d 753 (1955)

ESTATE of J. A. KREIS, Deceased, Herbert Clark et al., Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

December 14, 1955.

Attorney(s) appearing for the Case

Dewey R. Roark, Jr., Washington, D. C. (Geo. E. H. Goodner, Washington, D. C., of counsel), for petitioners.

John J. Kelley, Jr., Washington, D. C. (H. Brian Holland, Ellis N. Slack, Stanley P. Wagman, Washington, D. C., on the brief), for respondent.

Before ALLEN, MARTIN and STEWART, Circuit Judges.

MARTIN, Circuit Judge.

The estate of the taxpayer has petitioned this court to review a decision of the Tax Court of the United States holding, upon the basis of its findings of fact and opinion, deficiencies to exist in the income tax of the decedent in the amount of $68,205.31 for the year 1945 and $2,969.09 for the year 1944. The controversy stems from the sale by the decedent on January 5, 1943, of farm properties some three miles from Knoxville, Tennessee.

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