GARDNER, Chief Judge.
This matter is before us on petition for review of a decision of the Tax Court assessing a deficiency in the taxpayers' income for the year 1940. The basis for the deficiency is the inclusion of an attorney fee of $125,000 paid to petitioner Dupuy G. Warrick in a lump sum on December 23, 1940. Petitioners are husband and wife and filed a joint income tax return. The income involved was that of Mr. Warrick and we shall refer to him as taxpayer...
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