Rose v. Commissioner of Internal Revenue

SIMONS, Circuit Judge.

One of the questions for decision, as in Burnet v. Leininger, 285 U. S. 136, 52 S. Ct. 345, 76 L. Ed. 665, is whether an attempted gift by a partner of a portion of his partnership interest to members of bis family resulted in the donees becoming members of the firm, so as to relieve the donor of liability for income tax upon -the distributive share of profits growing out of the part conveyed, within the provisions of section 218 (a) of the Revenue Acts of 1921 (42 Stat. 245), 1924 and 1926 (26 USCA'§ 959 (a). There is also presented a question as in Commissioner of…