Opinion
No. 9364.
Argued May 8, 1947.
Decided May 14, 1947.
On Petition for Review of the Decision of the Tax Court of the United States.
Petition by David O. Davis to review a decision of the Tax Court of the United States redetermining a deficiency in the income tax imposed by the Commissioner of Internal Revenue.
Affirmed.
Paul E. Hutchinson, of Pittsburgh, Pa. (W.A. Seifert, William Wallace Booth, and Reed, Smith, Shaw McClay, all of Pittsburgh, Pa., on the brief), for petitioner.
Louis Foster, of Washington, D.C. (Sewall Key, Acting Asst. Atty. Gen., and Robert N. Anderson, Sp. Asst. to Atty. Gen., on the brief), for respondent.
Before GOODRICH, McLAUGHLIN and O'CONNELL, Circuit Judges.
The Tax Court has decided that the arrangement entered into between the taxpayer and his son did not constitute a partnership in the sense that it relieved the taxpayer from individual liability for the income of the business which was the subject-matter of the agreement. It is not our function in this type of case to substitute our conclusions and inferences for those of the Tax Court. The facts and circumstances furnish a reasonable basis for the conclusion that body reached and there is no other clear-cut question of law upon which we are called to pass. The decision is, therefore, affirmed.