KERR, District Judge.
The primary question here is whether losses sustained by taxpayer in 1950, resulting from trading in commodities and commodity futures, were capital losses within the meaning of the term defined by Section 117(a) (1) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 117(a) (1).
The taxpayer by this action seeks to recover payments made by him upon his 1950 income tax which he claims to have been illegally assessed.
Flora...
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