Memorandum Findings of Fact and Opinion
DAWSON, Judge:
Respondent determined a deficiency in the income tax of petitioner for the fiscal year ending September 30, 1959, in the amount of $71,678.79. The sole issue for decision is whether the gain realized by petitioner, a commercial finance company, upon the sale of certain of its notes receivable is to be taxed as a capital gain or as ordinary income.
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