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
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 13, 1937
DocketNo. 8198
StatusPublished

This text of 89 F.2d 553 (De Maria v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Related

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

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Bluebook (online)
89 F.2d 553, 19 A.F.T.R. (P-H) 400, 1937 U.S. App. LEXIS 3523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-maria-v-commissioner-of-internal-revenue-ca9-1937.