NORDBYE, Chief Judge.
Two questions are presented: (1) Is a sole proprietorship of a business, such as a retail store, a capital asset so that a gain on its sale is a capital gain; and (2) if such a sole proprietorship is not a capital asset, how is it determined what part of the purchase price is attributable to good-will, good-will being a capital asset?
Cohen, the taxpayer, operated a retail clothing store at Ladysmith, Wisconsin, for some 23 years until...
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