Simon M. Lazarus v. Commissioner of Internal Revenue, Mina Lazarus v. Commissioner of Internal Revenue, Simon M. And Mina Lazarus v. Commissioner of Internal Revenue

513 F.2d 824 75-1 USTC P 9387 Simon M. LAZARUS, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Mina LAZARUS, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Simon M. and Mina LAZARUS, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Nos. 73-2737 to 73-2739. United States Court of Appeals, Ninth Circuit. April 2, 1975. 1 Ben Margolis (argued), Los Angeles, Cal., for petitioners-appellants. 2 Donald Olson (argued), I.R.S., Washington, D. C., for respondent-appellee. OPINION 3 Before CHAMBERS and KOELSCH, Circuit Judges, and JAMESON, * District Judge. JAMESON, District Judge: 4 Three actions are consolidated on this appeal. In Cause No. 73-2739, the petitioners, Simon and Mina Lazarus, husband and wife, seek review of a judgment of the United States Tax Court sustaining an income tax deficiency assessment in connection with an alleged "private annuity" transaction in which petitioners transferred stock to an irrevocable trust in return for a joint and survivor "annuity". In Causes Nos. 73-2737 and 73-2738, companion cases involving the same transaction, petitioners challenge the gift tax…