VAN VALKENBURGH, Circuit Judge.
This case comes upon petition to review an order of redetermination of the Board of Tax Appeals whereby it was decided that there is a deficiency in income tax due from the petitioner for 1929 in the sum of $5,129.50. The facts concerning the sale of stocks from which the questions here presented arise are thus found by the Board of Tax Appeals:
"On June 19, 1929, the petitioner instructed the broker to sell 500 of the 1,000...
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