Memorandum Findings of Fact and Opinion
MELLOTT, Judge:
The Commissioner made several adjustments to the net income shown by petitioners' income tax return for the calendar year 1940 and determined a deficiency in income tax in the amount of $3,840.83.
The charges of error all relate to the treatment of gain derived from the sale of a patent. Petitioners contend that the sale was of a capital asset within the purview of section 117 of the Internal...
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