CHAMBERS, Circuit Judge.
A patent of one Gruber on a device called the Viewmaster has resulted in a commercial success, at least until someone makes a better one.
Gruber, on the license of his retained one half interest in the basic patent, has secured capital gains treatment and, thus, lower federal income taxes for the taxable years 1950, 1951 and 1952. Edwin F. Mayer, Harold J. Graves, Thomas O. Meyer and Raymond F. Kelly,
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