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HELVERING v. PRENTICE

No. 7750.

139 F.2d 691 (1943)

HELVERING, Com'r of Internal Revenue, v. PRENTICE.

Circuit Court of Appeals, Third Circuit.

Decided December 22, 1943.

Attorney(s) appearing for the Case

Morton K. Rothschild, of Washington, D. C., for petitioner.

Thomas M. Wilkins, of Washington, D. C., for respondent.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

PER CURIAM.

The taxpayer was a special partner in a firm of stock brokers. He had no duties to perform for the firm but he had an office with them and he devoted his entire business time to buying and selling stocks, bonds and other securities in the market for his own account. He was in daily contact with the stock market. Through his partnership he had access to market reports, periodicals, stock market and stock ticker services, and made use of them. During the...

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