LEVINE v. C. I. R.

Nos. 14281, 14283.

324 F.2d 298 (1963)

Max LEVINE and Pennie Levine, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Jacob DUBROVSKY and Gertrude Dubrovsky, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided October 29, 1963.


Attorney(s) appearing for the Case

Martin D. Cohen, Newark, N. J. (Cohen, Rosenbaum & Scher, Newark, N. J., on the brief), for petitioners.

J. Edward Shillingsburg, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attorneys, Department of Justice, Washington, D. C., on the brief), for respondent.

Before BIGGS, Chief Judge, and McLAUGHLIN and GANEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In the sale of their fuel oil business, including real estate, the taxpayer owners claimed that its physical assets comprised $50,000 of the $85,000 purchase price and that its gallonage good will amounted to the balance of $35,000. They further contended that their covenant not to compete with the buyer in the fuel oil business for seven years was simply an integral part of their gallonage guarantee...

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