United States Court of Appeals, Ninth CircuitApr 19, 1955
221 F.2d 478 (9th Cir. 1955)

No. 14142.

April 19, 1955.

Appeal from the United States District Court for the District of Montana; Charles N. Pray, Judge.

H. Brian Holland, Asst. Atty. Gen., Robert N. Anderson, Elmer J. Kelsey, Sp. Assts. to Atty. Gen., Krest Cyr, U.S. Atty., Butte, Montana, Davis W. Morton, Jr., Asst. U.S. Atty., Washington, D.C., for appellant.

Vernon E. Lewis, Fort Benton, Mont., for appellee.

Before STEPHENS, HEALY and POPE, Circuit Judges.

We are in complete agreement with the opinion and decision of the Honorable Charles N. Pray, the District Judge who directed the entry of the judgment from which this appeal arises. The opinion is reported in 115 F. Supp. 776. This single question in the case is whether there was a family partnership in being for income tax purposes during the tax year of 1945. The District Court answered the question in the affirmative and we affirm on the basis of the opinion hereinabove referred to.