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DISTRICT OF COLUMBIA v. BEN LAR ASSOCIATES

No. 14336.

261 F.2d 376 (1958)

DISTRICT OF COLUMBIA, Petitioner, v. BEN LAR ASSOCIATES et al., Respondents.

United States Court of Appeals District of Columbia Circuit.

Decided October 23, 1958.

Petition for Rehearing Denied December 17, 1958.

Attorney(s) appearing for the Case

Mr. Henry E. Wixon, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, and Douglas H. Moore, Jr., Asst. Corp. Counsel at the time the brief was filed, were on the brief, for petitioner.

Mr. Milton D. Korman, Principal Asst. Corp. Counsel, also entered an appearance for petitioner.

Mr. Milton I. Baldinger, Washington, D. C., with whom Mr. Hymie Nussbaum, Washington, D. C., was on the brief, for respondents.

Before BAZELON, DANAHER and BASTIAN, Circuit Judges.

Petition for Rehearing In Banc Denied December 17, 1958.

PER CURIAM.

The four respondents, two of whom are dentists, the other two being in the liquor business, sold as a unit certain properties in the District of Columbia, title to which they had acquired and held as tenants in common. The net proceeds from the sale were distributed directly to each individual taxpayer, and each taxpayer reported his individual share of profit on his income tax return and...

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