United States v. Arthur B. Koontz and Mazie W. Koontz, His Wife

223 F.2d 250, 47 A.F.T.R. (P-H) 1247, 1955 U.S. App. LEXIS 5110

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 27, 1955
• Docket: 6982
• Status: Published

Opinion

PER CURIAM.

The question presented by this appeal is the same as that decided by this court in Hofferbert v. Marshall, 4 Cir., 200 F.2d 648, viz.: Do the provisions of the Revenue Act of 1948, 26 U.S.C.A. §§ 12(d), 51(b), 107(a), permitting the splitting of income in a return by husband and wife apply to an item of long term income earned by the husband over a period of years? We are satisfied that the answer given to that question in Hofferbert v. Marshall is the correct one. See also the decisions of the Court of Appeals of the Third Circuit in C. I. R. v. Stockly, 221 F.2d 745, and of the Tax Court in that case, 22 T.C. 28 and in Mahler v. Com’r, 22 T.C. 1180. The fact that Congress has changed the law in the meantime is no reason why we should change our decision interpreting the law as it was prior to the change.

Affirmed.