SPICKER v. COMMISSIONER

Docket No. 50338.

26 T.C. 91 (1956)

B. HOWARD SPICKER AND EMILY SPICKER, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed April 17, 1956.


Attorney(s) appearing for the Case

Leon B. Newman, Esq., and Charles B. King, Esq., for the petitioners.

Paul J. Henry, Esq., for the respondent.


The respondent determined a deficiency in income tax for the year 1948 in the amount of $3,604.86.

The sole question is whether $26,101.33, received by B. Howard Spicker in 1948, in connection with termination of his association with a partnership, represents ordinary income or income from the sale of a capital asset.

FINDINGS OF FACT.

The stipulation of facts filed by the parties is incorporated herein by reference.

Petitioners, husband...

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