STEWART v. COMMISSIONER OF INTERNAL REVENUE

Nos. 78, 79.

52 F.2d 17 (1931)

STEWART v. COMMISSIONER OF INTERNAL REVENUE. SHEARER v. SAME.

Circuit Court of Appeals, Second Circuit.

July 17, 1931.


Attorney(s) appearing for the Case

Harry J. Campaign, of New York City (William A. W. Stewart, George L. Shearer, and Harry J. Campaign, all of New York City, of counsel), for appellants.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and Norman D. Keller, Sp. Assts. to Atty. Gen. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and J. K. Polk, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for appellee.

Raymond M. White, of New York City, amicus curiæ.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The above appeals were argued together and relate to the income taxes of the appellants who are law partners doing business under the name of Stewart & Shearer. They made and filed their individual returns on the basis of a calendar year, and the additional taxes found against them are for the calendar year 1924. The partnership filed a partnership return on the basis of a fiscal year ending April 30, 1924. The appellants included...

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