Memorandum Findings of Fact and Opinion
This proceeding is to test the correctness of respondent's determination of an income tax deficiency for the fiscal year ended February 28, 1939 in the sum of $38,376.85. The sole question is whether an admitted gain should be taxed in its entirety as a partial liquidating distribution under section 115 (c) of the Revenue Act of 1938, or only in part, as gain from the sale of a capital asset within the purview of section 117...
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