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DUBERSTEIN v. COMMISSIONER OF INTERNAL REVENUE

No. 13646.

283 F.2d 949 (1960)

Mose DUBERSTEIN and Sylvia Duberstein, husband and wife, v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Sixth Circuit.

November 7, 1960.

Attorney(s) appearing for the Case

Sidney G. Kusworm, Dayton, Ohio, on brief, for appellants.

Andrew F. Oehmann, Acting Asst. Atty. Gen., and Lee A. Jackson, Melva M. Graney, Arthur I. Gould, Attorneys, Department of Justice, Washington, D. C., on brief; Charles K. Rice, Asst. Atty. Gen., and Arch M. Cantrall, Chief Counsel, Joseph F. Goetten, Charles P. Dugan, Attorneys, Department of Justice, Washington, D. C., on docket, for appellee.

Before MARTIN, MILLER and O'SULLIVAN, Circuit Judges.

ORDER.

On April 8, 1959, judgment was entered in this court, 265 F.2d 28, reversing the decision of the Tax Court of the United States in this cause. The aforesaid judgment of this court has now been reversed by the United States Supreme Court, 363 U.S. 278, 80 S.Ct. 1190, 4 L. Ed.2d 1218, the effect of such reversal being to affirm the decision of the Tax Court.

Now, therefore, it is ordered...

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