GRUBBS v. COMMISSIONER

Docket No. 89633.

39 T.C. 42 (1962)

DAVID T. GRUBBS AND MARGARET S. GRUBBS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed October 8, 1962.


Attorney(s) appearing for the Case

Raymond R. Farrell, Esq., for the petitioners.

Lawrence S. Kartiganer, Esq., and Karl M. Samuelian, Esq., for the respondent.


BRUCE, Judge:

The respondent determined a deficiency in income tax of $29,501.10 for the calendar year 1957. The sole issue for decision is whether part of a distribution made in 1957 to David T. Grubbs is taxable as ordinary income rather than capital gain. Some facts are stipulated.

FINDINGS OF FACT.

The stipulation of facts and exhibits filed therewith are incorporated by this reference.

The petitioners, husband and wife, resided...

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