dissenting: The present result seems to me irreconcilable in principle with Hilpert v. Commissioner (C. C. A., 5th Cir.), 151 Fed. (2d) 929. That decision, it is true, was a reversal of the Tax Court, but if we are now following the original view expressed in 4 T. C. 473, notwithstanding the reversal, I think we are at least compelled to say so.
Turner, J., agrees with this dissent.