HELVERING v. ARCHBALD

No. 363.

70 F.2d 720 (1934)

HELVERING, Commissioner of Internal Revenue, v. ARCHBALD.

Circuit Court of Appeals, Second Circuit.

May 14, 1934.


Attorney(s) appearing for the Case

Frank J. Wideman, Asst. Atty. Gen., John H. McEvers and Sewall Key, Sp. Assts. to Atty. Gen., for petitioner.

Joseph H. Morey, of Buffalo, N. Y. (Morey & Schlenker and David T. Murray, all of Buffalo, N. Y., of counsel), for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

The facts in this case are like those in Helvering v. Walbridge, except that on November 2, 1928, that is, during the first of the two years in question, a new partner was taken into the firm. The Commissioner argues that this necessarily involved a dissolution of the old firm and the formation of another, and that a gain was "realized" at that time. Whatever was the rule at common law, the entrance of a new partner with the consent of all the old partners...

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