Lowry v. Commissioner of Internal Revenue

ALLEN, Circuit Judge.

These consolidated cases present the not infrequent situation arising in tax cases out of a change from doing business under the corporate form to doing business under a partnership between husband and wife. Deficiencies determined by the Commissioner for the taxable years 1939 and 1940 against each taxpayer were upheld by the Tax Court.

The taxpayers, O. William Lowry and Charles R. Sligh, Jr., conducted business as a corporation, manufacturing furniture at Holland, Michigan, until 1938. After January, 1937, all of the stock was owned by the taxpayers in equal shares,…