POMEROY v. HELVERING

No. 5865.

68 F.2d 411 (1933)

POMEROY et al. v. HELVERING, Commissioner of Internal Revenue.

Court of Appeals of the District of Columbia.

Decided December 4, 1933.

Rehearing Denied December 26, 1933.


Attorney(s) appearing for the Case

Morgan H. Beach, R. M. Heth, and Samuel F. Beach, all of Washington, D. C., for petitioners.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, C. M. Charest, DeWitt M. Evans, and John H. McEvers, all of Washington, D. C., for respondent.

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


ROBB, Associate Justice.

Petition for review of a decision of the Board of Tax Appeals (24 B.T.A. 488).

For many years Josiah Dives and George S. Pomeroy, as partners, under the name of Dives, Pomeroy & Stewart, owned and operated department stores in the cities of Reading, Harrisburg, Pottsville, and the borough of Pottstown, Pa. Profits were divided equally, one-half to each, although Dives' interest ($522,046.94) was in excess of that of Pomeroy ($444...

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