LUCKEY v. COMMISSIONER

Docket No. 93667.

41 T.C. 1 (1963)

CLARENCE A. LUCKEY AND JUANITA F. LUCKEY, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed October 3, 1963.


Attorney(s) appearing for the Case

Robert E. Tout, for the petitioners.

Claude R. Wilson, for the respondent.


The respondent determined deficiencies in income tax against the petitioners of $6,478.85 for the year 1958 and $11,069.33 for the year 1959. The questions are whether the gain realized on the sale of certain lots was capital gain, or ordinary income, and what was the basis of the lots sold.

FINDINGS OF FACT

Some of the facts have been stipulated and are found as stipulated.

The petitioners are husband and...

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