Court of Appeals for the Fifth Circuit July 9, 1964, 20599 (Emmette L. Barran and Martha Barran v. Commissioner of Internal Revenue)

TUTTLE, Chief Judge.

Emmette L. Barran and C. E. Winton formerly were partners operating the White Way Pure Milk Company at Decatur, Alabama. For the year 1957 each partner filed a joint income tax return with his wife. This suit involves a dispute over the proper treatment of certain gains arising in connection with the sale of White Way in that year.