Opinion
No. 11212.
April 11, 1945.
Petition for Review of Decision of the Tax Court of the United States (District of Texas).
Petition by the Commissioner of Internal Revenue to review decision of the Tax Court of the United States redetermining deficiency assessment against James H. Snowden.
Affirmed.
Melva M. Graney, Sewall Key, and A.F. Prescott, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J.P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D.C., for petitioner.
Robert Ash, of Washington, D.C., for the taxpayer.
Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.
This case, as the Porter and Lightner cases (Commissioner of Internal Revenue v. Porter) 5 Cir., 148 F.2d 566, do, involves the question whether income received by the beneficiary of trusts created and managed in New York was separate or community property. The only difference between this case and those is that in this case the taxpayer was a man. The same contentions are made, the same arguments advanced as in the Porter and Lightner cases. For the reasons given for affirming the decision of the Tax Court in those cases, its decision in this case is affirmed.