Albert J. Fihe and Elizabeth Fihe v. Commissioner of Internal Revenue

Good Law
265 F.2d 511·2 A.F.T.R.2d (RIA) 6049·1958 U.S. App. LEXIS 5982
United States Court of Appeals for the Ninth CircuitOctober 21, 195815726California1,422 words

Opinion

Opinion

Fee, J.

This is an appeal from the determination of the Tax Court upholding certain assessments of the Commissioner of Internal Revenue against the Fihes.

Albert J. Fihe is a practicing lawyer with a specialty in the field of patents and trademarks. He obtained, in 1937, a patent on a hamburger patty molding machine for one Harry Holly. A partnership was formed consisting of Albert J. Fihe and Holly, which continued until January, 1945, when Elizabeth Fihe and the wife of Holly were taken in as partners. The operation was profitable from this point. On September 25, 1946, an Illinois corporation, Holly Molding Devices, Inc., was organized. Each of the four partners received fifty shares of stock, which constituted the total issue.

Albert Fihe was advised of a plan involving Holly, an internal revenue agent and the auditor of the company to defraud the government of income taxes. He reported the matter, and the Federal Bureau of Investigation furnished him with marked money which he gave to the agent. As a result, Holly, the auditor of the company and the agent were convicted and served terms in federal penitentiaries. Thereupon, the Fihes sold their stock in the corporation.

There are…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.