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BAKER v. COMMISSIONER OF INTERNAL REVENUE

No. 16674.

248 F.2d 893 (1957)

Horace S. BAKER, Lucille J. Baker, Huey F. Baker and Bonnie D. Baker, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

November 6, 1957.

Attorney(s) appearing for the Case

Joseph B. Brennan, William R. Patterson, Atlanta, Ga., Sutherland, Asbill & Brennan, Atlanta, Ga., of counsel, for petitioners.

Charles K. Rice, Asst. Atty. Gen., Ellis N. Slack, Atty., John N. Stull, Atty., A. F. Prescott, Atty., James P. Turner, Atty., Kenneth E. Levin, Atty., Nelson P. Rose, Chief Counsel Internal Revenue Service, John M. Morawski, Sp. Atty., Washington, D. C., for respondent.

Before HUTCHESON, Chief Judge, and BORAH and CAMERON, Circuit Judges.

BORAH, Circuit Judge.

These two cases, consolidated for trial in the Tax Court and here, are before us on petitions for review of the decisions of the Tax Court. This court has jurisdiction to consider said petitions under Section 7482 of the Internal Revenue Code of 1954, 26 U.S.C. § 7482.

The sole question presented in these petitions for review is whether the Tax Court erred in holding that gain realized by taxpayers Horace S. Baker and Huey F. Baker...

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