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POTTASH v. BURNET

No. 5083.

50 F.2d 321 (1931)

Max POTTASH, Appellant, v. David BURNET, Commissioner of Internal Revenue, Appellee.

Court of Appeals of District of Columbia.

Decided May 4, 1931.

Attorney(s) appearing for the Case

Geo. E. H. Goodner, of Washington, D. C., for appellant.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, Morton K. Rothschild, C. M. Charest, and Shelby S. Faulkner, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

GRONER, Associate Justice.

The rights of the taxpayer under this appeal are controlled by our decision in case No. 5082, 60 App. D. C. 167, 50 F.2d 317. Taxpayer is a partner in the firm of Pottash Bros. holding a 50 per cent. interest therein. To the extent that our decision in No. 5082 modifies the findings of the Board in that case, the taxpayer is entitled, to the extent of his interest in the income from the partnership, to prevail...

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