Joyce De La Begassiere, Petitioner, v. Commissioner of Internal Revenue, Respondent, 272 F.2d 709 (5th Cir. 1959)

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U.S. Court of Appeals for the Fifth Circuit - 272 F.2d 709 (5th Cir. 1959) December 15, 1959

Petition for Review of Decision of the Tax Court of the United States (District of Texas).

Bernard Weiss, New York City, for petitioner.

Arthur I. Gould, Harry Baum, Meyer Rothwacks, Dept. of Justice, Washington, D. C., Howard A. Heffron, Acting Asst. Atty. Gen., Charles K. Rice, Asst. Atty. Gen., Charles P. Dugan, Sp. Atty., I.R.S., Arch M. Cantrall, Chief Counsel, I.R.S., Washington, D. C., for respondent.

Before CAMERON, JONES and BROWN, Circuit Judges.


In this case, where the issue is primarily one of fact, it does not appear that the findings of the Tax Court are clearly erroneous, nor does it appear that the Tax Court failed to apply the correct rules of law. De la Begassiere v. Commissioner, 31 T.C. 1031. The decision of the Tax Court is