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DEWITT v. COMMISSIONER

Docket No. 56109.

30 T.C. 1 (1958)

J. ROGER DEWITT AND MARY MILDRED DEWITT, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed April 9, 1958.

Attorney(s) appearing for the Case

Joseph A. Hoskins, Esq., and Charles P. Schleicher, Esq., for the petitioners.

Lyman G. Friedman, Esq., for the respondent.

FISHER, Judge:

Respondent, by notice dated November 3, 1954, determined a deficiency of $33,519.94 in petitioners' income taxes for the fiscal year ended August 31, 1949. The basic question for our decision is whether the sale by petitioners of all the stock in Dew Corporation for an agreed consideration of $221,012.83 was a bona fide sale of stock or whether it was, in effect, a sale by petitioners of new and used cars to customers in the ordinary course of...

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