ROGERS v. UNITED STATES

No. 16851.

290 F.2d 501 (1961)

John W. ROGERS and Creta B. Rogers, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

April 3, 1961.


Attorney(s) appearing for the Case

Eli Grubic, of Grubic, Drendel & Bradley, Reno, Nev., for appellants.

Charles K. Rice, Asst. Atty. Gen., and Meyer Rothwacks and Douglas A. Kahn, Department of Justice, Washington, D. C., Howard W. Babcock, U. S. Atty., and Chester C. Swobe, Asst. U. S. Atty., Reno, Nev., Kenneth E. Levin, Atty. Dept. of Justice, Washington, D. C., for appellee.

Before STEPHENS, CHAMBERS and HAMLEY, Circuit Judges.


PER CURIAM.

The judgment of the trial court is affirmed in that its findings on the facts are not clearly erroneous.

The taxpayers probably have been maneuvered by their purchaser into a big tax disadvantage. But, when in their second option, they agreed in writing after negotiation to the assignment of some $60,900 as consideration for a covenant not to compete, the trial court could refuse to go behind the agreement and uphold the commissioner in treating...

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