ATWELL, Chief Judge.
Plaintiffs seek recovery of $50,382.04 paid on income taxes for the years 1945, 1946 and 1947. The basis for their prayer to recover is that such profits as were made upon houses and real estate sold by them were, in fact, capital gains rather than profits realized and derived in the ordinary course of business. Sec. 117 of the Internal Revenue Code, 26 U.S.C.A. § 117, points the distinction.
The facts show that during the said years...
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