JOHN B. DE MARIA
v.
COMMISSIONER OF INTERNAL REVENUE

9th Cir. | 1937-04-13
No. 8198
89 F.2d 553 United States Court of Appeals for the Ninth Circuit (1937) Positive Treatment
Cited by 14 cases

Opinion of the Court
HANEY, Circuit Judge.

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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