JOHNSON v. COMMISSIONER

Docket No. 40599.

14 T.C.M. 981 (1955)

T.C. Memo. 1955-247

Vincent Johnson and Ethelyn Johnson v. Commissioner.

United States Tax Court.

Filed August 31, 1955.


Attorney(s) appearing for the Case

Vincent Johnson, Esq., 2001 West 21st Street, Minneapolis, Minn., for the petitioners Richard C. McLaughlin, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

TURNER, Judge:

The respondent has determined a deficiency in income tax against the petitioners for the year 1948 in the amount of $308.82. By amended answer, respondent has requested that the deficiency be increased to $340.20.

There are two questions at issue: (1) whether gains realized from the sale of lots during the taxable year should be treated as ordinary income or capital gains, and (2) whether the...

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