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COMMISSIONER OF INTERNAL REVENUE v. SCHAEFER

No. 25, Docket 24043.

240 F.2d 381 (1957)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. George J. SCHAEFER, Respondent.

United States Court of Appeals Second Circuit.

Decided January 10, 1957.

Attorney(s) appearing for the Case

Joseph F. Goetten, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Lee A. Jackson and Hilbert P. Zarky, Attys., Dept. of Justice, Washington, D. C., on the brief), for petitioner.

Philip Zimet, New York, N. Y. (Olvany, Eisner & Donnelly, Robert F. Welch and Alfred L. Scanlan, New York City, on the brief), for respondent.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.

HINCKS, Circuit Judge.

The Commissioner seeks review of a Tax Court determination rejecting in part an asserted deficiency in the taxpayer's federal income tax for 1948.

The Tax Court made extensive findings which are reported at length at 24 T.C. 638. The following résumé will, we think, suffice for an understanding of the problem involved.

The taxpayer since 1914 has been connected with the motion picture...

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