JOHNSTON v. COMMISSIONER

Docket No. 19928.

14 T.C. 560 (1950)

HAROLD W. JOHNSTON AND CORINNE E. JOHNSTON, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated April 5, 1950.


Attorney(s) appearing for the Case

Sydney R. Rubin, Esq., and Rupert G. Fain, C. P. A., for the petitioners.

Thomas R. Charshee, Esq., for the respondent.


OPINION.

MURDOCK, Judge:

The Commissioner determined a deficiency of $1,820.74 in the petitioners' income tax for 1943. Income of the year 1942 is also involved because of the Current Tax Payment Act of 1943. The only issue for decision is whether the Commissioner erred in determining that the gain which petitioner Harold W. Johnston (hereinafter called the petitioner) realized on the sale of certain stock was taxable in 1943 rather than in 1942....

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