OPINION.
MELLOTT, Judge.
Petitioner contests a deficiency in income tax for the calendar year 1940 in the amount of $3,652.28. Two questions are raised. The first is whether the gain realized by petitioner from the disposition of some shares of corporate stock is taxable under section 115 (c) of the Internal Revenue Code as a distribution in partial liquidation or under section 117 as a gain from the sale of capital assets. The second is the basis...
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