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KALBAC v. C. I. R.

Nos. 16791, 16792.

298 F.2d 251 (1962)

John J. KALBAC and Dorothy Kalbac, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. John G. KISKE and Clara Kiske, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Eighth Circuit.

January 25, 1962.

Attorney(s) appearing for the Case

Donald E. Fahey, St. Louis, Mo., made argument for petitioner and was on the brief.

William A. Friedlander, Atty., Dept. of Justice, Washington, D. C. made argument for respondent and Louis F. Oberdorfer, Asst. Atty. Gen., Dept. of Justice, Washington, D. C. and Lee A. Jackson, Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., were with him on the brief.

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, District Judge.

SANBORN, Circuit Judge.

The facts which gave rise to these petitions for review of decisions of the Tax Court are not in dispute. Francis J. Mulligan, President of the James Mulligan Printing Company, of St. Louis, Missouri, and owner of 198 of the 200 shares of its capital stock, died June 10, 1952. John J. Kalbac and John G. Kiske (who alone will be referred to as petitioners, their wives being nominal parties) had been for many years — Kalbac for about 30...

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