MITCHELL v. COMMISSIONER

Docket No. 27885.

10 T.C.M. 950 (1951)

Millie Mitchell v. Commissioner.

United States Tax Court.

Entered October 3, 1951.


Attorney(s) appearing for the Case

Clyde C. Sherwood, Esq., for the petitioner. Charles W. Nyquist, Esq., for the respondent.


Memorandum Opinion

TURNER, Judge:

The respondent has determined a deficiency in income tax of $6,103.78 against the petitioner for the calendar year 1946. The sole question presented is whether the profits from the sale of livestock culled from the petitioner's breeding herd, and replaced by an equal number of heifers, are to be taxed to the petitioner as ordinary income or as capital gain.

[The Facts]

The facts have been stipulated...

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