KNIGHT, District Judge.
The case has been submitted on an agreed state of facts. Two questions are at issue, to wit: (1) Are attorneys' fees paid for obtaining an income tax refund deductible expenses; and (2) Was the sale in question a sale of "capital assets".
Aaron F. Williams, taxpayer, and one Jacob Reynolds were copartners in a hardware business commencing in 1926 and continuing until Reynolds died on July 18, 1940. On September 6, 1940, the taxpayer...
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