MERRILL, Circuit Judge.
Theodore and Vern Moberg were co-owners of a master franchise for the states of Washington and Oregon for the use of a patented freezing machine known as the "Dairy Queen" freezer. They have under varying types of contracts granted subfranchises for certain portions of their territory. The question here presented is whether the sums received by them under these subfranchises are taxable as capital gain from sales of property or as ordinary...
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