L. HAND, Circuit Judge.
The question raised by this appeal is whether the earned, but undistributed, income of a member of two investment "syndicates" using contributions of its members to buy, hold and sell securities and land, is taxable. The taxpayer's position is that he need return only what is actually distributed by the "syndicate manager"; the Commissioner's that the syndicate was a partnership, and that its realized profits were taxable income of the members...
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