HEUBLEIN v. COMMISSIONER OF INTERNAL REVENUE

No. 274, Docket 23935.

233 F.2d 426 (1956)

Anne K. HEUBLEIN and Gilbert W. Heublein, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided May 15, 1956.


Attorney(s) appearing for the Case

Stanley Ide LaCov, New York City, for petitioners.

Charles K. Rice, Acting Asst. Atty. Gen. (Lee A. Jackson, Helen A. Buckley, Washingon, D. C., on the brief), for respondent.

Before FRANK, LUMBARD and WATERMAN, Circuit Judges.


PER CURIAM.

The taxpayer, Gilbert W. Heublein, is a doctor who during 1950 and 1951 employed two other doctors in his practice. The employment contract provided that, in addition to the salaries paid by the taxpayer to the employees, he would accrue in their favor certain percentages of the income from the practice. At the termination of the period of the contract the employee doctors were to have the option to enter into a partnership with the taxpayer. If they entered...

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