WEINER v. COMMISSIONER

Docket No. 86840.

21 T.C.M. 252 (1962)

T.C. Memo. 1962-44

Martin Weiner and Tillie Weiner v. Commissioner.

United States Tax Court.

Filed March 1, 1962.


Attorney(s) appearing for the Case

Benjamin Nadel, CPA, 1457 Broadway, New York, N. Y., and Norman Nadel, Esq., for the petitioners. William F. Fallon, Esq., for the respondent.


Memorandum Findings of Fact and Opinion

ATKINS, Judge:

The respondent determined a deficiency in income tax in the amount of $28,946.14 for the taxable year 1955.

The issue is whether the amount of $60,899.00 received by petitioner upon the transfer of a demand promissory note constituted ordinary income or long-term capital gain.

One other issue raised by the pleadings has been settled by stipulation and adjustment will be made under Rule...

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