United States Tax Court October 31, 1945, Docket No. 4405 (Ewing v. Commissioner)

OPINION*.

Smith, Judge:

Our principal question in this proceeding is whether petitioner and his wife were engaged in 1940 in conducting a bona fide partnership business, within the meaning of the Internal Revenue Code, of buying and selling and renting road building and construction equipment under the name of Fred W. Ewing & Co.