COMMISSIONER OF INTERNAL REVENUE, PETITIONER,
v.
BENJAMIN AND JULIA F. MAHLER, RESPONDENTS

2d Cir. | 1956-01-03
Nos. 9, Docket 23480
228 F.2d 903 United States Court of Appeals for the Second Circuit (1956)

Opinion of the Court
PER CURIAM.

PER CURIAM.

We agree with and shall follow the decisions made on the precise point at issue here by our brethren of the Third, Fourth and Ninth Circuits. Commissioner of Internal Revenue v. Stockly, 3 Cir., 221 F. 2d 745, affirming Stockly v. Commissioner, 22 T.C. 28; Hofferbert v. Marshall, 4 Cir., 200 F. 2d 648, affirming Marshall v. Hofferbert, D.C.Md., 108 F.Supp. 350; Ford v. Commissioner, 9 Cir., 217 F. 2d 886, adopting the reasoning expressed in the opinion of Judge (now Chief Judge) Murdock in the Stockly case, supra, after review by the entire Tax Court.

Affirmed.


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