THRONDSON v. C. I. R.

Nos. 24342, 24408 and 24423.

457 F.2d 1022 (1972)

Albert H. and Doris G. THRONDSON, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Albert H. and Doris G. THRONDSON, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant. J. Leonard SCHMITZ and Alice Schmitz, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 28, 1972.


Attorney(s) appearing for the Case

Michael Traynor (argued), Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, Cal., for petitioners-appellants-appellees.

Stephen J. Schwartz (argued), Peter J. Donnici (argued), Richard Saveri, San Francisco, Cal., Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, William Massar, Bennet N. Hollander, Richard M. Han, Acting Chief Counsel, INS, Washington, D. C., for respondent-appellee-appellant.

Before MERRILL, KOELSCH and HUFSTEDLER, Circuit Judges.


MERRILL, Circuit Judge:

In these consolidated petitions for review of a decision of the Tax Court, 51 T.C. 306 (1968), the question presented is whether certain payments made in settlement of the dissolution of a partnership should be allocated to goodwill or to a covenant not to compete.

Throndson and Schmitz were partners in the practice of dentistry, both in San Francisco and in San Rafael, California. In 1962 they agreed...

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