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SCHEUBER v. C. I. R.

No. 15833.

371 F.2d 996 (1967)

William A. SCHEUBER and Hildegard Scheuber, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Seventh Circuit.

February 2, 1967.

Attorney(s) appearing for the Case

Thomas J. Donnelly, Jr., Samuel J. Recht, John A. Hazelwood, Milwaukee, Wis., Brady, Tyrrell & Bruce, Milwaukee, Wis., of counsel, for petitioners.

Mitchell Rogovin, Marco S. Sonnenschein, Department of Justice, Washington, D. C., Lee A. Jackson, Melva M. Graney, Attorneys, Department of Justice, Washington, D. C., for respondent.

Before SCHNACKENBERG, KNOCH and FAIRCHILD, Circuit Judges.

KNOCH, Circuit Judge.

The petitioners, William A. and Hildegard Scheuber, seek review and reversal of the Tax Court's ruling in favor of the Commissioner of Internal Revenue, respondent herein, that two parcels of real estate were held by the petitioners primarily for sale to customers in the ordinary course of business.

The evidentiary facts are undisputed. The petitioners are husband and wife who file joint income tax returns.

Mr. Scheuber has been...

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