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COMMISSIONER OF INTERNAL REVENUE v. MARSHALL

Nos. 10295, 10296.

185 F.2d 674 (1950)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Elder W. MARSHALL, Respondent. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Elder W. MARSHALL and Bessie I. Marshall, Respondents.

United States Court of Appeals Third Circuit.

Decided December 29, 1950.

Attorney(s) appearing for the Case

Harry Marselli, Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Norman D. Keller, Pittsburgh, Pa. (W. A. Seifert, Pittsburgh, Pa., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellees.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.

PER CURIAM.

These are petitions to review decisions of the tax court. The cases involve the construction of Section 107(a) of the Internal Revenue Code, 26 U.S.C.A., and the sole question is whether a newly admitted member of a partnership is entitled to the full benefits of that section with respect to his share of fees received for services rendered by the partnership during a period which began prior to his admission to the firm. We are in accord with the tax court...

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