
    William R. TRACY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.
    No. 8363.
    Circuit Court of Appeals, Sixth Circuit.
    Dec. 4, 1940.
    Earl W. Shinn, of Washington, D. C., and Albert Hubschman, of New York City, for petitioner.
    Samuel O. Clark, Jr., J. P. Wenchel, Sewall Key, P. A. Bayer, and Irving M. Tullar, all of Washington, D. C., for respondent.
    Before HICKS, ARANT, and MARTIN, Circuit Judges.
   PER CURIAM.

This cause was heard upon the transcript of the record, briefs and arguments of counsel and on consideration whereof, it is ordered and adjudged that the decision of the Board of Tax Appeals be and the same is affirmed upon the grounds and for the reasons set forth in the opinion of the Board, 38 B.T.A. 1366.  