308 F.2d 518 | 5th Cir. | 1962
Lead Opinion
Petitioner, Commissioner of Internal Revenue, issued a deficiency assessment against the Respondents, Robillard, for the year 1957 in the amount of $231.-36. With their joint federal income tax return for the calendar year 1957, the Respondents showed an amount of $1,-972.62 of retroactive adjustment of earnings for the period January 1, 1955 through December 1, 1956,
Respondent petitioned the Tax Court of the United States for a redetermination of the deficiency set forth by the Commissioner of Internal Revenue in his notice of deficiency dated March 31,1959. That Court, by divided vote, held
We hold that the decision of the Tax. Court was correct and we affirm it. The facts accepted by the majority and the reasoning underlying the Tax Court’s decision are fully and accurately set forth in its published opinion, and no good purpose will be served by repeating them here. Based upon that opinion the petition of the Commissioner to review is denied and the decision of the Tax Court ordering and deciding that there is no deficiency in income tax due by taxpayer in the taxable year 1957 is
Affirmed.
. Taxpayer computed his tax by allocating $1,023.80 to the year 1955 and $948.82 to the year 1956.
. 35 T.C. 896.
Dissenting Opinion
(dissenting).
The majority of the Court adopts the majority Tax Court opinion. Four judges of the Tax Court dissented. I find myself in accord with the Tax Court minority and therefore
Dissent.