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MONTESI v. C. I. R.

Nos. 15733-15737.

340 F.2d 97 (1965)

Fred MONTESI and Carmela Montesi, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. John MONTESI and Yolanda Montesi, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Frank MONTESI and Letitia D. Montesi, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Joe MONTESI and Gloria Montesi, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Louis F. MONTESI and Evelyn Montesi, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

January 18, 1965.

Attorney(s) appearing for the Case

Charles H. Davis, Memphis, Tenn. (Donald W. Pemberton, Memphis, Tenn., on the brief; Montedonico, Boone, Gilliland, Heiskell & Loch, Memphis, Tenn., of counsel), for petitioners.

Lawrence B. Silver, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

In these five income tax appeals the petitioners are Fred Montesi and his four sons and their respective wives. Each appeal concerns the treatment of $10,000 per year paid to each of the husbands for three years after the sale by them (through various companies and partnerships) of a large super market operation in Memphis, Tennessee, and the vicinity.

The sale occurred on October 11, 1955. The purchaser, National Tea Company, paid...

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