HAND, Circuit Judge.
This case comes up on a petition by taxpayers, husband and wife (whom we shall call Stavisky), to review an order of the Tax Court allowing a payment to Sutro only as a long-term capital loss, deductible subject to the limitations of § 117(d) (2) of the Internal Revenue Code, and not as an "ordinary loss" deductible under § 23(e), 26 U.S.C.A. §§ 23(e) 117(d) (2). The facts are as follows.
On September 19, 1950, Stavisky...
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