MENDOZA v. COMMISSIONER

Docket No. 93519.

22 T.C.M. 528 (1963)

T.C. Memo. 1963-115

J. G. Mendoza and Eva Mendoza v. Commissioner.

United States Tax Court.

Filed April 24, 1963.


Attorney(s) appearing for the Case

Richard N. Little, Esq., for the petitioners. William T. Ivey, Jr., Esq., for the respondent.


Memorandum Findings of Fact and Opinion

TURNER, Judge:

The respondent determined deficiencies in income tax of $1,433.87 and $2,473.45 against the petitioners for the years 1958 and 1959.

The only question for decision is whether profits realized upon the sale of lots during the taxable years represented capital gain or ordinary income.

Findings of Fact

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

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