# Glenn Weible and Patricia Weible v. United States

> Court of Appeals for the Ninth Circuit · April 15, 1957 · 244 F.2d 158

URL: https://www.frixlaw.com/law-library/cases/9445600

## Case

- **Full name:** Glenn WEIBLE and Patricia Weible, Appellants, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 15, 1957
- **Citations:** 244 F.2d 158; 51 A.F.T.R. (P-H) 255; 1957 U.S. App. LEXIS 5109
- **Precedential status:** Published
- **Opinion:** Concurrence by Pope
- **Judges:** Lemmon, Pope, Ross
- **Cited by:** 83 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9445600

## How later opinions describe it (automated extraction)

- finding that taxpayer was bona fide resident even though trial court found that taxpayer never intended to become a resident (reversing Weible v. United States, 1956 U.S. Dist. LEXIS 4419 (S.D. Cal. 1956))
- holding that the question of whether a taxpayer was a bona fide resident was "a mixed question of law and fact"

## Opinion text

POPE, Circuit Judge
(concurring).
I concur in all of the foregoing opinion with the exception of the comment in the last five paragraphs respecting the administrative practices of the Bureau -officials. To my mind the income tax law as we have it is an inevitable concomitant of a highly organized society. •Those whom we charge with its collection would not be doing their duty if they were not alert to see that it is collected. I have the impression that, by and large, the Bureau officials do a pretty good job even if they are not always right. And in a close case like this, where the judges themselves are in disagreement, I believe it the duty of the Commissioner and his counsel to present the Government’s side of the case as they have done here.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9445600. Public record. Not legal advice.