Jacob Sincoff, Inc. v. Commissioner of Internal Revenue

FRANK, Circuit Judge.

The facts are stated in the Findings and Opinion of the Tax Court, reported in 20 T.C. 288. With reference to the liability under § 102,1.R.C. 26 U.S. C.A. § 102, taxpayer had the burden of overcoming the effect not only of the Commissioner’s determination but also the additional burden created by § 102 (c). 1 On the basis of the Tax Court’s findings, which are amply supported by the evidence, taxpayer did not meet those requirements. Especially, as a considerable part of the evidence consisted of oral testimony of witnesses seen and heard by Judge Murdock, we cannot…