WYZANSKI, District Judge.
Plaintiffs sue to recover $7,846.58 (together with interest) they paid in federal income taxes for the year 1954. Two questions are presented: first, whether the payment of $19,693.35 to plaintiff Gerald M. Friend by Gerald M. Friend, Inc. for 45 shares of the common stock of that corporation was taxable as ordinary, as distinguished from capital gain, income; and second, whether the corporation's expenditures to effectuate that transaction...
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