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WENER v. COMMISSIONER OF INTERNAL REVENUE

No. 15025.

242 F.2d 938 (1957)

Harold WENER, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. Molly WENER, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

March 25, 1957.

Attorney(s) appearing for the Case

Franklin K. Lane, III, Robinson & Powers, Los Angeles, Cal., for appellant.

Charles K. Rice, Acting Atty. Gen., Robert N. Anderson, Helen A. Buckley and Lee A. Jackson, Attys., Washington, D. C., and John Potts Barnes, Chief Counsel, Washington, D. C., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and YANKWICH, District Judge.

YANKWICH, District Judge.

The facts in the controversy are, in the main, not in dispute.

I.

The Facts in the Controversy

On September 7, 1943, the petitioners (to be referred to as "the taxpayers"), husband and wife, entered into a limited partnership agreement with two other couples, Leon A. and Dorothy Jane Smoller and Alan A. and Margaret M. Joseph (to be referred to as "the remaining partners"), which was to be known as the "Boreva...

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