STANTON v. COMMISSIONER OF INTERNAL REVENUE

Nos. 10268, 10269.

189 F.2d 297 (1951)

STANTON et al. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 27, 1951.


Attorney(s) appearing for the Case

Lawrence P. Mattingly, Samuel Morgan, and Morgan, Salter & Sellery, all of Chicago, Ill., for petitioners.

Theron L. Caudle, Asst. Atty. Gen., Melva M. Graney, Asst. to Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., for respondent.

Before MAJOR, Chief Judge, and KERNER and DUFFY, Circuit Judges.


KERNER, Circuit Judge.

The problem presented by this review of two decisions of the Tax Court is whether certain 1944 income derived from the activities of the Feed Sales Company, a partnership, is taxable to the two taxpayers as individual partners or as trustees of two trusts to which they assigned their entire partnership interests for the benefit of close relatives — the mother in one case, the wife in the other. The solution depends on whether the income...

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