HUXMAN, Circuit Judge.
The question in this case is whether the gain realized from the sale of 42 housing units by petitioner during a six months period during the fiscal year ending in 1946 was taxable as a capital gain under section 117 (a, j) of the Internal Revenue Code, 26 U. S.C.A., or as ordinary income under section 22(a). The Tax Court held that these units were held primarily for sale to customers in the ordinary course of petitioner's business and the gain...
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