ELINE REALTY CO. v. COMMISSIONER

Docket No. 68651.

35 T.C. 1 (1960)

ELINE REALTY COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed October 7, 1960.


Attorney(s) appearing for the Case

Charles Speed Gray, Esq., for the petitioner.

Mark H. Berliant, Esq., for the respondent.


BRUCE, Judge:

This proceeding involves a deficiency in Federal income tax for the taxable year ended July 31, 1953, in the amount of $2,440.07. The issue is whether gain realized by petitioner from the sale of certain land is taxable as capital gain or as ordinary income.

FINDINGS OF FACT.

The stipulated facts are so found and are incorporated herein by this reference.

Petitioner is a Kentucky corporation with its principal office...

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