O'malley, Collector of Internal Revenue v. Yost

By motion, treated as petition for rehearing, and supporting brief the taxpayer appellee has argued that the judgment of the District court awarding him a refund of income tax ought to be affirmed even though the grounds on which the judgment was rested were erroneous as this court decided, 186 F.2d 603. He contends that if, as we have decided, the $2,951.11 which he paid to his wife so that he could convey good title to the property he had contracted to convey, was not deductible as an expense of sale within the meaning of the revenue laws, then it should be held that the amount of the…