Feldman v. Commissioner of Internal Revenue

DOBIE, Circuit Judge.

This is an appeal from a decision of the Tax Court of the United States sustaining a deficiency assessment against the taxpayer on income taxes alleged to be due for the years 1944, 1945 and 1946 in the respective amounts of $16,085.07, $48,733.87 and $27,630.39, the total being $92,449.33 This deficiency was based on the Commissioner’s refusal to recognize the Estate of Samuel Feldman, a trust, as a partner in the firm of Brooks Clothes or as a trust taxable independently of its grantor. The entire income of the trust was taxed to taxpayer, the grantor of the trust,…