Memorandum Opinion
SMITH, Judge:
This proceeding is for the redetermination of income tax deficiencies of $597.47 for 1939 and $4,018.06 for 1940. The only question in issue is whether the gains from the sale of real estate lots in the taxable years were capital gains, as petitioner reported in his returns, or ordinary gains, as respondent has determined. There is no dispute as to the facts.
[The Facts]
Petitioner is a resident of...
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