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KLITZNER v. COMMISSIONER OF INTERNAL REVENUE

Nos. 16436, 16437.

358 F.2d 678 (1966)

Louis A. KLITZNER and Isabel S. Klitzner, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Harry F. LESHNOWER and Ruth S. Leshnower, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

April 1, 1966.

Attorney(s) appearing for the Case

W. Stuart McCloy, Memphis, Tenn., for petitioners, P. K. Seidman, Memphis, Tenn., on the brief, McCloy, Wellford & Clark, Memphis, Tenn., of counsel.

Lawrence B. Silver, Atty., Dept. of Justice, Washington, D. C., for respondent, John B. Jones, Jr., Acting Asst. Atty. Gen., Meyer Rothwacks, David O. Walter, Howard H. Feldman, Attys., Dept. of Justice, Washington, D. C., on the brief.

Before PHILLIPS, EDWARDS and CELEBREZZE, Circuit Judges.

PER CURIAM.

Petitioners in these two cases appeal from adverse decisions by the Tax Court finding deficiencies in income tax for certain taxable years. The gross factual situation involved in this appeal does not present any dispute; but petitioners claim that certain income realized by them as a result of covenants not to compete should be taxed as capital gains. The covenants not to compete were executed by Louis A. Klitzner and Harry F. Leshnower as a part of the...

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