HOLMES, Circuit Judge.
This proceeding involves an alleged deficiency in petitioner's income taxes for the year 1946. The question presented is whether a fee of $28,000 paid an attorney for his services in September, 1946, was deductible from gross income as a nonbusiness expense under section 23(a)(2) of the Internal Revenue Code, 26 U.S.C., or was allowable to petitioner only as a selling expense in his computation of capital gain realized on the sale of his corporate...
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