H. G. Irby, Jr. And Eddice Irby v. Commissioner of Internal Revenue, 274 F.2d 208

H. G. Irby, Jr. And Eddice Irby v. Commissioner of Internal Revenue

274 F.2d 208

5th Cir.

1960

Check Treatment

PER CURIAM.

The respondent concedes that the opinion in Commissioner of Internal Revenue v. Acker, 80 S.Ct. 144, makes it necessary for the Tax Court’s decision to be corrected so as to eliminate the amount of $2,540.98 added to the tax under 26 U.S. C., 1952 ed., § 294(d) (2). It is so ordered. On the other questions presented for review, we find ourselves in agreement with the opinion and decision of the Tax Court. 30 T.C. 1166. Its decision is therefore

Corrected and affirmed.

CAMERON, Circuit Judge, dissenting.