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MARGOLIS v. C. I. R.

Nos. 18499, 18500.

339 F.2d 537 (1964)

B. B. MARGOLIS and Iris M. Margolis, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

November 30, 1964.

Attorney(s) appearing for the Case

Parker, Milliken, Kohlmeier, Clark & O'Hara, Los Angeles, Cal. (Harrison Harkins, Los Angeles, Cal., of counsel), for petitioners.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter and Carolyn R. Just, Attys., Tax Division, U. S. Department of Justice, Washington, D. C., for respondent.

Before BARNES, MERRILL and DUNIWAY, Circuit Judges.

PER CURIAM.

Petitioners, seeking rehearing, point out that in our opinion heretofore filed in this matter we have neglected to take into account, upon the Kearney Park transactions of sale of notes and land, the fact that petitioners had made certain advances to pay bonds and taxes due and that to the extent that the sums received by them in these transactions were attributable to reimbursement for such advances they should not be held to be income. The Commissioner...

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