NEESE v. COMMISSIONER

Docket No. 35402.

12 T.C.M. 1058 (1953)

Maudine Neese v. Commissioner.

United States Tax Court.

Entered September 16, 1953.


Attorney(s) appearing for the Case

George E. H. Goodner, Esq., 827 Munsey Building, Washington, D. C., and Dewey R. Roark, Jr., Esq., for the petitioner. Avery B. Cousins, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

The Commissioner determined a deficiency of $10,980.51 in the income tax of the petitioner for the calendar year 1948. An adjustment disallowing a part of the deduction for depreciation claimed by the petitioner is no longer being contested by her. The remaining issues concern (1) whether gain realized by the petitioner from the sale of houses and lots in 1948 is taxable as ordinary income or capital gain; and (2) the determination...

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