WEICK, District Judge.
This is an action to recover $32,712.05 in income taxes claimed to have been erroneously and illegally assessed and collected for the years 1952 and 1953.
The only question presented was whether profits from the sale of real estate were taxable as ordinary income or as capital gains. Internal Revenue Act of 1939, §§ 22 and 117(a) (1), 26 U.S. C.A. §§ 22, 117(a) (1). In the income tax returns, the profits were reported...
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