Rupple v. Kuhl

LINDLEY, Circuit Judge.

This appeal is concerned with the taxation of income attributable to a partnership interest which, although standing in the plaintiff taxpayer’s name, was found by the District Court to have been the sole asset of a joint venture in which the taxpayer and his wife were the participants. On this finding, the court decided that only one-half the income was taxable to plaintiff and, accordingly, entered judgment that the collector refund to him, $19,207.32, representing the overpayment made by him in 1941, in which year he had paid taxes on all the income emanating from…