PORSIO v. COMMISSIONER

Docket No. 79919.

20 T.C.M. 330 (1961)

T.C. Memo. 1961-65

Anthony Porsio and Mary Porsio v. Commissioner.

United States Tax Court.

Filed March 10, 1961.


Attorney(s) appearing for the Case

Luke F. Binetti, Esq., 742 Bergen Blvd., Ridgefield, N. J., for the petitioners. Chapman H. Belew, Jr., Esq., for the respondent.


Memorandum Findings of Fact and Opinion

Respondent determined a deficiency in the income tax of petitioners in the amount of $141.96 for the year 1956.

The sole issue is whether gains from sales of real estate reported by petitioners on their 1956 income tax return using the installment method are taxable as ordinary income or as capital gain.

Findings of Fact

Some of the facts have been stipulated, and, as stipulated, they are incorporated...

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