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DRUCKER v. C.I.R.

Nos. 1221, 1222 and 1223, Dockets 83-4004, 83-4005 and 83-4006.

715 F.2d 67 (1983)

Ernest DRUCKER, Patricia Rogers, Philip Cherry and Ruth Cherry, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 19, 1983.

Attorney(s) appearing for the Case

Arthur Pelikow, New York City (Richard B. Sherman, New York City, on brief), for petitioners-appellants.

Stephen Gray, Washington, D.C. (Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Jonathan S. Cohen, Attys., Tax Div., Dept. of Justice, Washington, D.C., on brief), for respondent-appellee.

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City (I. Philip Sipser, Leonard Leibowitz, and Mary Jill Hanson, New York City, on brief), for amicus curiae Intern. Conference of Symphony and Opera Musicians, American Federation of Musicians.

Before KAUFMAN, VAN GRAAFEILAND and PRATT, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

An oft-repeated, perhaps apocryphal, story tells of the musician who, when asked the best way to get to Carnegie Hall, replied, "Practice! Practice!" Whether the story is truth or fiction, the fact remains that, for a performing musician, practice is not simply the best way to get to Carnegie Hall, it is the only way. It is the only way to get there, and it is the only way to ensure that, having arrived, one stays there. Ignace Paderewski...

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