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ROHRBAUGH v. DISTRICT OF COLUMBIA

Nos. 12422, 12423.

225 F.2d 264 (1955)

Austin B. ROHRBAUGH and L. Clark Brown, t/a Rohrbaugh & Co., Petitioners, v. DISTRICT OF COLUMBIA, Respondent. Austin B. ROHRBAUGH, t/a Rohrbaugh & Co., Petitioner, v. DISTRICT OF COLUMBIA, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided July 28, 1955.

Attorney(s) appearing for the Case

Mr. Jo V. Morgan, Jr., Washington, D. C., for petitioners.

Mr. George F. Donnella, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Vernon E. West, Corp. Counsel, Chester H. Gray, Principal Asst. Corp. Counsel, and Henry E. Wixon, Asst. Corp. Counsel, Washington, D. C., were on the brief, for respondent.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

These are petitions to review decisions of the District of Columbia Tax Court. Petitioners are seeking to recover certain taxes paid by them under the statute, now D.C.Code, § 47-1574b (1951), levying a tax of 5% upon the income of unincorporated businesses for the privilege of engaging in business in the District and of receiving income from sources within the District. The Tax Court ruled against them.

During the years 1949...

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