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ADLER v. NICHOLAS

No. 3536.

166 F.2d 674 (1948)

ADLER et al. v. NICHOLAS, Collector of Internal Revenue, et al.

Circuit Court of Appeals Tenth Circuit.

Rehearing Denied March 29, 1948.

Attorney(s) appearing for the Case

David H. Morris, of Denver, Colo., and John T. Haney, of Colorado Springs, Colo., for appellants.

Harry Marselli, of Washington, D.C., (Theron Lamar Caudle, Asst. Atty. Gen., George A. Stinson and Fred E. Youngman, Sp. Assts. to Atty. Gen., Max M. Bulkeley, U. S. Atty., of Wray, Colo., and Henry E. Lutz, Asst. U. S. Atty., of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

Appellants, Jacques Adler and May E. Adler, husband and wife, were engaged as partners in the jewelry business after January 1, 1944, in Colorado Springs, Colorado, and in Denver, Colorado. Prior thereto, Jacques Adler had been engaged individually in such business. He owned 60% and his wife owned 40% of the partnership business. In 1946, apparently it became necessary for the partnership to sell its partnership business in Colorado Springs...

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