Stoffield v. Commissioner (203 F.2d 667, 1953)

LINDLEY, Circuit Judge.

The Commissioner of Internal Revenue assessed against petitioner taxpayer deficiencies and penalties in the sum of $82,-352.85, in income taxes for .the years 1942 to 1947 inclusive, because of unreported income for those years. Upon appeal, the Tax Court entered a judgment approving the assessment, which petitioner now seeks to set aside. The decisive question before us is whether the taxpayer and his wife were partners or engaged in a joint venture during the years mentioned.

The taxpayer, an uneducated man of Polish extraction, resides in Milwaukee. In 1931, when he was married, his wife Julia turned over to him $2000 which she had saved from earnings, arid $1000 she had received as a wedding present, — $3000 in all. From that time