Jose Tavares v. Commissioner of Internal Revenue

ALDRICH, Circuit Judge.

This is a petition to review a decision of the Tax Court holding petitioner taxable upon one half of the proceeds of a lottery ticket in the 1951 Irish Hospitals’ Sweepstake. The case was tried partly upon a stipulation, and partly upon oral testimony. The stipulation included an agreement that the sole issue before the court was whether one half or, as contended by petitioner, one quarter of the proceeds was the proper fraction to be taxed.

It was stipulated that in 1951 petitioner was a resident of the Commonwealth of Massachusetts. He was married, but his wife, Anna,…