Henson v. Commissioner of Internal Revenue

McCORD, Circuit Judge.

This is an appeal from a decision of the Tax Court sustaining a deficiency assessment against petitioner on income taxes alleged to be due for the year 1943.

The question presented is whether the Tax Court properly held $22,348.78 profit of the J. M. Henson Company for the period from August 1, 1943, to December 31, 1943, was taxable to petitioner as his income, even though on the former date he had executed a valid and complete gift of this Company to his wife.

The material facts are without dispute, and reveal that petitioner and his wife were married in the year 1925,…