MARTIN v. COMMISSIONER

Docket No. 52953.

26 T.C. 100 (1956)

LESTER B. MARTIN AND RUTH W. MARTIN, HUSBAND AND WIFE, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed April 17, 1956.


Attorney(s) appearing for the Case

Fred L. Rosenbloom, Esq., and Thomas P. Glassmoyer, Esq., for the petitioners.

Henry L. Glenn, Esq., for the respondent.


This proceeding involves a deficiency of $339.02 in income tax for 1950. The issue is whether the distribution of $3,168.55 to the husband upon the discontinuance of an employees' pension trust, of which he was a member, is taxable as ordinary income or as long-term capital gain.

FINDINGS OF FACT.

The facts set forth in the stipulation of facts are so found.

The petitioners, residents of Lancaster, Pennsylvania, filed a joint return for the taxable...

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