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COMMISSIONER OF INTERNAL REVENUE v. MAHLER

No. 9, Docket 23480.

228 F.2d 903 (1956)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Benjamin and Julia F. MAHLER, Respondents.

United States Court of Appeals Second Circuit.

Decided January 3, 1956.

Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Hilbert P. Zarky and George F. Lynch, Sp. Assts. to Atty. Gen., for petitioner.

Benjamin Mahler, New York City, for respondents.

Robert Ash, Washington, D. C., as amicus curiæ.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

We agree with and shall follow the decisions made on the precise point at issue here by our brethren of the Third, Fourth and Ninth Circuits. Commissioner of Internal Revenue v. Stockly, 3 Cir., 221 F.2d 745, affirming Stockly v. Commissioner, 22 T.C. 28; Hofferbert v. Marshall, 4 Cir., 200 F.2d 648, affirming Marshall v. Hofferbert, D.C.Md.,

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