COMMISSIONER OF INTERNAL REVENUE v. PALEY

No. 14792.

232 F.2d 915 (1956)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Jacob (Jay) PALEY and Lillian Paley, Respondents.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 29, 1956.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Harry Marselli, Ellis N. Slack, A. F. Prescott, Grant W. Wiprud, Special Assts. to Atty. Gen., for petitioner.

Wright, Wright, Green & Wright, S. Earl Wright, Loyd Wright, Clayton M. Hurley, Los Angeles, Cal., for respondents.

Before ORR and CHAMBERS, Circuit Judges, and JERTBERG, District Judge.


JERTBERG, District Judge.

The sole question presented by the petition for review is whether or not the computation of the taxpayers' net gains or losses under Section 117(j) of the Internal Revenue Code of 1939, 26 U.S.C. A. § 117(j), must include the taxpayers' share of partnership gains or losses under Section 117(j).

A stipulation of the parties was adopted by the Tax Court as its findings of fact. As revealed by the stipulation and the exhibits thereto...

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