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DORBA HOMES, INC. v. C.I.R.

Nos. 57-63, Dockets 32049-32055.

403 F.2d 502 (1968)

DORBA HOMES, INC., et al., Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided November 6, 1968.

Attorney(s) appearing for the Case

H. Stewart Dunn, Jr., Washington, D. C. (William C. Gifford, Jr., Washington, D. C., and Percival D. Oviatt, Jr., Woods, Oviatt, Gilman, Sturman & Clarke, Rochester, N. Y., on the brief), for petitioners.

Issie L. Jenkins, Dept. of Justice, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, and Elmer J. Kelsey, Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Since 1946, Ellery J. Caldwell and Gerald E. Cook have engaged in various aspects of the residential construction business in the vicinity of Rochester, New York. Until September 30, 1952, they operated entirely as a partnership, under the name of Caldwell & Cook, in which the two were equal partners. At that time, they formed Caldwell & Cook, Inc. (the Corporation) which assumed most of the operations of the partnership. Until 1954...

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