Argued November 10, 1976.
Decided January 17, 1977.
Arthur L. Bailey, Atty., Tax Div., Dept. of Justice, Washington, D.C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Karl Schmeidler, Attys., Tax Div., Dept. of Justice, Washington, D.C., on brief), for appellant.
Julian I. Jacobs, Baltimore, Md. (Lawrence D. Coppel, Gordon, Feinblatt, Rothman, Hoffberger Hollander, Baltimore, Md., on brief), for appellee.
Appeal from the United States District Court for the District of Maryland, at Baltimore; Roszel C. Thomsen, District Judge.
Before CRAVEN, RUSSELL and HALL, Circuit Judges.
Having carefully studied the scholarly opinion of Judge Thomsen from the critical viewpoint of the government — expressed in briefs and oral argument — we are unable to fault it or improve upon it, and adopt it as our own. 403 F. Supp. 974 (D.Md. 1975). The judgment below will be