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BERTUCCI v. UNITED STATES

No. 401-54.

146 F.Supp. 949 (1957)

Frank E. BERTUCCI and Ardeth Bertucci v. The UNITED STATES.

United States Court of Claims.

January 16, 1957.

Attorney(s) appearing for the Case

Robert Ash, Washington, D. C., Charles H. Burton, Washington, on the brief, for plaintiffs.

Victor A. Altman, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe and Sheldon J. Gitelman, Washington, D. C., on the brief, for defendant.

WHITAKER, Judge.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

Plaintiffs are husband and wife. For the fiscal years ending July 31, 1950 and July 31, 1951, they filed joint returns and paid taxes accordingly. The Commissioner of Internal Revenue ruled that they should have filed separate returns and, since the wife had no income, he asserted a deficiency against the husband based...

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