BRATTON, Circuit Judge.
The question presented for determination on this petition to review a decision of the Tax Court is whether certain gain accruing to Charles E. Friend, hereinafter referred to as the taxpayer, during the year 1947 should be taxed as ordinary income or as income derived from the sale of capital assets. In his return for that year, the taxpayer treated the gain as income derived from the disposition of capital assets. The Commissioner of Internal...
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