ESTATE OF ASSMANN v. COMMISSIONER

Docket No. 26883.

16 T.C. 632 (1951)

ESTATE OF MARIA ASSMANN, FIDELITY UNION TRUST COMPANY AND FRANK A. ASSMANN, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated March 28, 1951.


Attorney(s) appearing for the Case

Samuel D. Williams, Esq., for the petitioners.

Lester H. Salter, Esq., for the respondent.


This case involves the income tax liability of Maria Assmann, deceased, for the taxable year January 1, 1948, to July 12, 1948. Deficiency was determined in the amount of $7,286.24. The only question for our consideration is whether the sale of certain real estate by her resulted in capital loss, as Commissioner asserts, or in ordinary loss, as contended by the petitioners.

FINDINGS OF FACT.

All facts were stipulated.

The petitioners are the duly...

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