DUFFY, Circuit Judge.
This is a petition by the Commissioner of Internal Revenue for a review of a decision of the Tax Court upholding a challenge by the taxpayer to certain deficiencies determined by the commissioner for the taxable years 1939, 1940, and 1941. The two questions for decision are: first, whether the taxpayer is entitled to exclude from gross income in said taxable years the portion of the sales price of its cemetery lots which it segregated and paid...
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