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BURDE v. COMMISSIONER

Docket Nos. 1364-62, 1365-62.

43 T.C. 252 (1964)

MAX A. BURDE AND BERTHE C. BURDE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. BERNARD WEISS AND PEGGY S. WEISS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed November 30, 1964.

Attorney(s) appearing for the Case

Albert A. Wedeen, E. Michael DiFabio, and Robert J. Wolpert, for the petitioners.

Leon M. Kerry, for the respondent.

FAY, Judge:

Respondent determined deficiencies in the income taxes of petitioners Max A. and Berthe C. Burde and petitioners Bernard and Peggy S. Weiss for the calendar year 1958 in the respective amounts of $7,215.48 and $7,093.14.

These proceedings have been consolidated.

The sole issue remaining for decision is whether the royalty payments received by petitioners Max A. Burde and Bernard Weiss in 1958 were taxable as long-term capital gain...

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