Opinion
No. 72-1870.
December 15, 1972.
Scott P. Crampton, Bobby D. Burns, Asst. Attys. Gen., Meyer Rothwacks, Atty., Tax Div., Dept of Justice, Lee H. Henkel, Jr., Acting Chief Counsel, Donald H. Olson, Atty., Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellant.
Whitfield J. Collins, Allan Howeth, Forth Worth, Tex., for petitioners-appellees.
Appeal from a Decision of the Tax Court of the United States (Texas Case).
Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.
The judgment is affirmed ion the basis of the opinion of the United States Tax Court, Estate of Davis v. Commissioner of Internal Revenue, T.C.Memo. 1971-318 (1971), insofar as that opinion disposes of the Commissioner's contention that the transaction was part gift, part sale.
Affirmed.