ROSE v. COMMISSIONER

Docket No. 6606.

8 T.C. 854 (1947)

OLLIE BEVERLY ROSE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 22, 1947.


Attorney(s) appearing for the Case

Douglas D. Felix, Esq., for the petitioner.

F. L. Van Haaften, Esq., for the respondent.


OPINION.

VAN FOSSAN, Judge:

The Commissioner determined an income tax deficiency of $1,169.33 for the year 1940. The only question involved is whether the amount of $9,365.87, a part of the net amount of $11,637.53 received by petitioner in 1940 as a result of a judgment, is a return of capital, as contended by petitioner, or income taxable in 1940, as contended by the respondent.

The petitioner, a...

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