Albert E. Crabtree and Claire C. Crabtree, Petitioners, v. Commissioner of Internal Revenue, Respondent.john J. O'keefe, Jr., and Lucile E. O'keefe, Petitioners, v. Commissioner of Internal Revenue, Respondent, 221 F.2d 807 (2d Cir. 1955)

Petitions for review of the decisions of the Tax Court of the United States; Arnold Raum, Judge.

Taxpayers Crabtree and O'Keefe separately petition for review of decisions of the Tax Court of the United States that sums received by them out of the earnings and profits of a wholly-owned corporation are taxable to them as dividends rather than as capital gains relatable to their earlier assignment of an automobile sales franchise to the corporation.

Thomas L. Zimmerman, New York City, for petitioners.

Meyer Rothwacks, Sp. Asst. to Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., and Ellis N. Slack, Sp. Asst. to Atty. Gen., on the brief), for respondent.

Before CLARK, Chief Judge, and FRANK and HASTIE, Circuit Judges.

PER CURIAM.