United States v. G. Richard Shafto

SOPER, Circuit Judge.

This suit was brought by G. Richard Shafto, the taxpayer, to secure a refund of additional income taxes collected from him in the years 1944 to 1947. The taxes were assessed upon rents paid by lessees of a property owned by the taxpayer, and the question for decision is whether the rents were taxable to him or to his wife, who had received the rents under assignments of the leases and had reported them in her separate income tax returns. The taxpayer made the assignments with out consideration in order to minimize his income taxes and also to build up an estate for his…