Eugene Fly, Individually and as Collector of Internal Revenue v. W. D. Cole and E. S. Cole

RIVES, Circuit Judge.

to be presented as to whether the district court erred in refusing to reallocate the partnership interests of the taxpayers' wives, where the percentage interests granted them under a partnership agreement were unreasonably disproportionate to the relationship between their gift capital contributions and the total capital of the partnership. 1

That question, however, is not presented by the evidence in this case. Appellant’s assumption that the question is presented is based on its further assumption that on December 31, 1941, W. D. Cole and E. S. Cole each made a gift to…