HOLMES, Circuit Judge.
This appeal involves income taxes for the years 1939 and 1940. The question presented is whether certain sums received by the taxpayers from their community property constituted ordinary income or gain upon the sale of a capital asset.
After a trial upon the merits, the court below found that the enterprise contemplated by the parties, as evidenced by their contract of April 20, 1937, constituted a joint undertaking both in management...
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