Morsman v. Commissioner of Internal Revenue

I am unable to concur -in the opinion ■in this case. It will not, I think, be necessary to restate the facts, but 'it may be helpful to revert to the issues presented to the Board of Tax Appeals and the facts upon which they were decided because the case is here for review and we must limit our consideration to the record before the Board of Tax Appeals. Kendrick Coal & Dock Co. v. Commissioner (C.C.A.8) 29 F. (2d) 559; Helvering v. Montana Life Ins. Co. (C.C.A.9) 84 F.(2d) 623; Whitney v. Commissioner (C.C.A.3) 73 F.(2d) 589; Griffiths v. Commissioner (C.C.A.7) 50 F. (2d) 782; Heinz v.…