De Maria v. Commissioner of Internal Revenue

89 F.2d 553, 19 A.F.T.R. (P-H) 400, 1937 U.S. App. LEXIS 3523
Court of Appeals for the Ninth Circuit·Decided April 13, 1937·No. No. 8198·Published

Opinion

HANEY, Circuit Judge.

The facts are the same as in Perata v. Commissioner (C.C.A.) 89 F.(2d) 550, except as follows:

(1) Petitioner contributed $195,000 to the syndicate and had a .1020208 per cent, interest therein.
(2) On December 20, 1928, petitioner’s distribution from the syndicate manager was $68,250.
(3) Respondent determined that petitioner’s share of the income of the syndicate for 1928 was $72,855.21, and the deficiency of tax was the sum of $25,963.55.

The Board found the deficiency to be $25,963.55.

The case is controlled by what we said in Perata v. Commissioner, this day decided. In accordance therewith, the order is reversed.

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De Maria v. Commissioner of Internal Revenue, 89 F.2d 553, 19 A.F.T.R. (P-H) 400, 1937 U.S. App. LEXIS 3523 (9th Cir. 1937).

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Related

Perata v. Commissioner of Internal Revenue
89 F.2d 550 (Ninth Circuit, 1937)