Sam Reiffe, Individually and Suing for Himself as a Stockholder and All Other Stockholders of P. M. D. R. Realty Corporation and Another Corporation, and in the Right of Said Corporations, Respondent, v. David Reiffe et al., Individually and as Copartners Doing Business as Reiffe Bros., Appellants

Sam Reiffe, Individually and Suing for Himself as a Stockholder and All Other Stockholders of P. M. D. R. Realty Corporation and Another Corporation, and in the Right of Said Corporations, Respondent, v. David Reiffe et al., Individually and as Copartners Doing Business as Reiffe Bros., Appellants. [MAJORITY] Order unanimously affirmed, with $20 costs and disbursements to the respondent. With respect to one particular there was some ambiguity in the order but that was resolved by the stipulation in open court, so that, regardless of how or when incurred, the plaintiff is liable for the capital gains tax attributable to him based upon his withdrawal of capital from the corporation. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.