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Andersen v. Commissioner of Internal Revenue

United States Court of Appeals, Ninth Circuit
Feb 18, 1965
341 F.2d 584 (9th Cir. 1965)

Opinion

No. 19502.

February 18, 1965.

William B. Murray, Portland, Or., for petitioners.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, David I. Granger, Jonathan Cohen, Dept. of Justice, Washington, D.C., for respondent.

Before HAMLEY and MERRILL, Circuit Judges, and THOMPSON, District Judge.


The question is whether the findings of the Tax Court are clearly erroneous. We do not find them so.

Taxpayers assert that the Commissioner in the stipulation of facts prior to trial had stipulated that every statement in the attached exhibits was true. We do not so read the stipulation.

Taxpayers assert that the Commissioner, in opening statement, had so limited the issues as to preclude the Tax Court from deciding in this fashion. We do not so construe the statement when read in its entirety.

Judgment affirmed.


Summaries of

Andersen v. Commissioner of Internal Revenue

United States Court of Appeals, Ninth Circuit
Feb 18, 1965
341 F.2d 584 (9th Cir. 1965)
Case details for

Andersen v. Commissioner of Internal Revenue

Case Details

Full title:Roy G. ANDERSEN and Nancy R. Andersen, Appellants, v. COMMISSIONER OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 18, 1965

Citations

341 F.2d 584 (9th Cir. 1965)

Citing Cases

Simon v. United States

Roy G. Andersen, 23 T.C.M. 589, 592 (1964), aff'd. per curiam, Andersen v. Commissioner of Internal Revenue,…