KUCERA v. COMMISSIONER

Docket No. 27683.

10 T.C.M. 303 (1951)

Peter Kucera v. Commissioner.

United States Tax Court.

Entered April 4, 1951.


Attorney(s) appearing for the Case

Reuben Fingold, Esq., 700 Jones Law Bldg., Pittsburgh, Pa., for the petitioner. Edwin P. Friedberg, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

The Commissioner determined a deficiency of $10,910.83 in income tax of the petitioner for 1947. The issue for decision is whether $31,250, which the petitioner received in 1947 as the result of an out-of-court settlement of a law suit, is ordinary income, capital gain, or a return of capital.

Findings of Fact

The petitioner filed his individual income tax return for 1947 with the collector of internal revenue...

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