Opinion
No. 12323.
August 2, 1949.
Petition for Review of Decision of the Tax Court of the United States (District of Florida).
Petition by L.W. Seabrook for review of a decision of the Tax Court of the United States redetermining tax deficiencies imposed by the Commissioner of Internal Revenue.
Decision reversed, and cause remanded to Tax Court for further proceedings in conformity with opinion of Supreme Court in a like case.
Robert Ash, Washington, D.C., Charles S. Ausley, Tallahassee, Fla., for petitioner.
Abbott M. Sellers, George A. Stinson, Robert M. Weston, Ellis N. Slack, Sp. Assts. to Atty. Gen., John W. Morawski, Sp. Atty., Bureau of Int. Rev. Washington, D.C., Charles Oliphant, Chief Counsel, Theron L. Caudle, Asst. Atty. Gen. Dept. of Justice, Washington, D.C., for respondent.
Before HUTCHESON, SIBLEY, and WALLER, Circuit Judges.
When this case was submitted, the case of Commissioner of Internal Revenue v. W.O. Culbertson, Sr. and Gladys Culbertson, pending in the Supreme Court on writ of certiorari from this court's decision in 5 Cir., 168 F.2d 979, had been or was about to be submitted. Since questions arising in this case were quite similar to questions under review there, we passed the decision of this case until the determination of that one. On June 27, the Supreme Court rendered its opinion and decision in the Culbertson case, reversing our decision "with directions to remand the cause to the Tax Court for further proceedings in conformity with this opinion." 69 S.Ct. 1210, 1217. Of the opinion that the same course should be pursued here, we order a reversal of the Tax Court's opinion and judgment and remand this cause to the Tax Court for further proceedings in conformity with the opinion of the Supreme Court in Commissioner v. Culbertson, with the right in either of the parties to offer such additional evidence as would be appropriate in the light of the Supreme Court's decision in the Culbertson case.