BREITENSTEIN, Circuit Judge.
The question is whether a gain in the sale of a capital asset is a long-term or a short-term gain for federal income tax purposes. As there is no dispute on the pertinent dates, the critical issue is the identification of the asset sold. The appellee Director held that the gain was short-term. The taxpayers paid the tax and sued for a refund. After a trial without a jury the court below denied recovery and this appeal followed.
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