GIGNOUX, District Judge.
This is an action for refund of federal income taxes for the years 1960 and 1961. The only question for decision at this time is whether amounts received by plaintiffs under a contract permitting the removal of sand and gravel from their land constituted ordinary income or capital gain to the taxpayers.
The relevant facts may be briefly stated: At all pertinent times, the plaintiff Colby G. Turner owned a gravel pit in Auburn, Maine...
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