LEE, Circuit Judge.
This case comes to us on separate petitions of Fred T. Hogan, the taxpayer, and the Commissioner of Internal Revenue for a review of a decision of the Tax Court. Both causes were consolidated upon joint motion for printing the record, briefing, argument and decision. The questions presented for determination are:
1. Was the transfer by Choate & Hogan, a partnership of which taxpayer was a member, of an interest in a producing oil and...
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