HANNAY, Chief Judge.
This is a suit to recover income taxes in the sum of $6,171.72 plus both deficiency and ordinary interest alleged to have been illegally assessed and collected from the taxpayers for the calendar year of 1949. The sole question for decision is whether a profit from the sale of real estate, to wit, Villa Verde Subdivision, was subject to tax as income derived from the sale of capital assets or as ordinary income.
Paul Carruth and wife,...
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