JOHNSEN, Circuit Judge.
This is a petition to review a decision of the Board of Tax Appeals, which allowed respondent, as the owner of two pieces of real estate, for income tax purposes, to treat the losses resulting to him from the sales of such properties, under mortgage foreclosures, as ordinary losses, deductible in full under section 23(e) of the Revenue Acts of 1934 and 1936, 26 U.S.C.A. Internal Revenue Acts, pages 672, 828, instead of as capital losses, subject...
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