An income tax deficiency of $22,347.28 for the calendar year 1941 has been asserted by respondent against the petitioners. Petitioners contest the deficiency to the extent of $22,089.53, certain minor adjustments made by respondent not being controverted. The question for decision is whether respondent erred in taxing a gain realized by the estate of John B. Lewis as an ordinary dividend under section 112 (c) (2) of the Internal Revenue Code, rather than as a distribution...
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