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MOISE v. BURNET

Nos. 6179-6182.

52 F.2d 1071 (1931)

MOISE v. BURNET, Com'r of Internal Revenue. SCHLESINGER v. SAME (three cases).

Circuit Court of Appeals, Ninth Circuit.

October 12, 1931.

Attorney(s) appearing for the Case

Jerome H. Bayer, of San Francisco, Cal. (Brewster & Ivins, of Washington, D. C., Leon M. Shimoff, of San Francisco, Cal., and F. E. Youngman, of Washington, D. C., of counsel), for petitioners.

G. A. Youngquist, Asst. Atty. Gen., Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, and Stanley Suydam, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

These four cases, consolidated in the former hearing because of the exact similarity of the points at issue, are here on a petition to review orders of the United States Board of Tax Appeals.

The facts, as stated by the Board of Tax Appeals and petitioners' brief, are as follows: Leon L. Moise, Gerald F. Schlesinger, and Le Roy Schlesinger were equal partners in the firm of Schlesinger & Bender, of San Francisco, Cal., a company...

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