ESTATE OF KAHN v. C. I. R.

Nos. 1095-1097, Dockets 73-2500, 74-1013, 74-1015.

499 F.2d 1186 (1974)

ESTATE of Herman KAHN, Deceased, et al., Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee. Joseph E. BROOKS and Alice K. Brooks, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant. Monroe J. WEINTRAUB and Carol Weintraub, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 17, 1974.


Attorney(s) appearing for the Case

John S. Nolan, Washington, D. C. (Miller & Chevalier, Washington, D. C., Robert L. Moore, II, and F. Brook Voght, Washington, D. C., of counsel), for appellants.

John A. Townsend, Atty., Tax Div., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks and Jonathan S. Cohen, Attys., Tax Div., Dept. of Justice, Washington, D. C., of counsel), for appellee Commissioner.

Before SMITH and TIMBERS, Circuit Judges, and TYLER, District Judge.


J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a decision in favor of the Commissioner of Internal Revenue by the Tax Court, Goffe, Judge. The Tax Court held taxpayer's joint venture, H. Kahn & Associates, was in reality a proprietorship, and that therefore all of its income was taxable to Kahn;1 that the venture's principal assets were "property held . . . primarily for sale . . . in the ordinary course of business...

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