Sommers v. Commissioner of Internal Revenue

Our opinion in this case was handed down on January 8, 1952, 2 Cir., 193 F.2d 609, and on January 23rd the petitioner filed a petition for a rehearing, which we denied on February 13th in a memorandum in which, however, we asked for “briefs upon the question whether the taxpayer should not be entitled to deduct from his income so much of the firm’s earnings for the year 1944 as is properly to be appraised as the contribution of the property represented by the wife’s corporate shares as contrasted with the contribution of the taxpayer’s services.” The petitioner had not indeed raised this…