MACK v. COMMISSIONER

Docket No. 249.

3 T.C. 390 (1944)

J. GORDON MACK, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated February 29, 1944.


Attorney(s) appearing for the Case

John A. McCann, Esq., for the petitioner.

J. Harrison Miller, Esq., for the respondent.


OPINION.

SMITH. Judge:

This proceeding involves a deficiency of $20.90 in petitioner's income tax for 1940. The question for our determination is the proper basis to be used in determining the gain upon the sale in 1940 of shares of stock which the petitioner acquired under a testamentary option from the trustees under his father's will.

The facts are found as stipulated. They are in substance as follows...

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