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POMPONIO v. COMMISSIONER

Docket No. 76597.

33 T.C. 1072 (1960)

ARTHUR POMPONIO AND TERESA POMPONIO, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed March 31, 1960.

Attorney(s) appearing for the Case

Frederick R. Tansill, Esq., for the petitioners.

Neil J. O'Brien, Esq., for the respondent.

ARUNDELL, Judge:

Respondent determined deficiencies in income tax for the calendar years 1950, 1951, and 1952 in the amounts of $9,374.40, $5,061.38, and $8,445.06, respectively.

The only issue remaining is whether certain cash distributions made by Donna Lee Corporation and Greenbrier Apartments, Inc., in the taxable years are taxable to petitioners as ordinary income or as long-term capital gains. Petitioners concede that the distribution

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