RAY v. COMMISSIONER

Docket Nos. 30909, 30910.

18 T.C. 438 (1952)

LOUIS W. RAY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. JULIA RAY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated May 29, 1952.


Attorney(s) appearing for the Case

William P. Fonville, Esq., for the petitioners.

Frank C. Allen, Esq., for the respondent.


OPINION.

JOHNSON, Judge:

The Commissioner determined deficiencies in income tax for the year 1946 against each of the petitioners in the amount of $1,910.77.

The sole question for decision is whether $20,000 received by petitioners from their lessor in a lease was taxable as ordinary income, as the Commissioner determined, or as gain from the sale of a capital asset, as petitioners contend.

All of the facts were stipulated and are...

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