Commissioner of Internal Revenue v. Jacobson

MAJOR, Circuit Judge.

These petitions are here to review a decision of the Tax Court of the United States. In No. 9319, the Commissioner requests a review of that part of the decision unfavorable to him, and in No. 9320, Lewis F. Jacobson (taxpayer) requests a review of that part of the decision unfavorable to him. The petitions in each instance have to do with deficiencies in the taxpayer’s income taxes for the years 1938, 1939 and, 1940.

The principal issues involved are whether the taxpayer realized taxable income within the meaning of Sec. 22 (a) and (b) of the Revenue Act of 1938 and the…