Victor A. Miller and Beatrice A. Miller v. Commissioner of Internal Revenue

LEWIS, Circuit Judge.

Petition to review a decision of the Tax Court under 26 U.S.C.A. § 7482.

An audit of the individual income tax return of petitioners, husband and wife filing jointly, for the years 1953 and 1954 resulted in deficiency assessments by the Commissioner of $426.04 and $1,-294.86 because of the allocation of certain income and deductions between the taxpayer and the A. S. Miller Estate Partnership, which taxpayer managed.

The original partnership was formed upon the death of A. S. Miller, the father of petitioner Victor A. Miller, for the purpose of managing securities left by…