HOLMES, Circuit Judge.
Were the profits in this case ordinary income or capital gains? This is the question that was before the Tax Court, which sustained the Commissioner's determination that the profits realized were derived in the ordinary course of business, and were not capital gains under Section 117 of the Internal Revenue Code, 26 U.S.C.A. § 117.
The taxpayers are husband and wife, residents of San Antonio, Texas, and filed separate tax returns...
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