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17 T.C.M. 809

Pope v. Commissioner

United States Tax Court

Decided August 28, 1958

United States Tax Court · decided 1958-08-28

Decided 1958-08-28

William O. Pope and Essie Pope v. Commissioner.
Pope v. Commissioner
Docket No. 58070.
T.C. Memo 1958-162; 1958 Tax Ct. Memo LEXIS 65; 17 T.C.M. (CCH) 809; T.C.M. (RIA) 58162;
August 28, 1958
*65 George M. Mott, Esq., Fletcher Trust Building, Indianapolis, Ind., for the petitioners. George H. Becker, Esq., for the respondent.

VAN FOSSAN

¶1Memorandum Opinion

¶2VAN FOSSAN, Judge: Respondent determined deficiencies in income tax, addition to the tax, and overassessment in tax for the years and in the amounts as follows:

Addition
De-to tax (Sec.Over-
Yearficiency294(d)(2)assessment
1950$239.84
1951131.92$1,747.05
1952$308.36

¶3In their petition taxpayers put in issue only the determination of the addition to tax under section 294(d)(2) in the amount of $1,747.05.

¶4At the hearing petitioners formally conceded the correctness of the deficiencies in tax for the years 1950 and 1951 in the amounts of $239.84 and $131.92, respectively.

¶5After submission of the case on stipulated facts, and after taxpayers had filed their brief, the parties, under date of August 15, 1958, filed a stipulation agreeing that there is no deficiency in addition to the tax due from the petitioners under section 294(d)(2) of the Internal Revenue Code of 1939, and that there is no overpayment for the year 1951.

¶6Decision will be entered*66 under Rule 50.

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