STILWELL v. COMMISSIONER

Docket No. 5080-64.

46 T.C. 247 (1966)

ANDREW O. STILWELL AND CHARLOTTE C. STILWELL, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed May 17, 1966.


Attorney(s) appearing for the Case

Donald S. Day, for the petitioners.

Ernest Honecker, for the respondent.


TANNENWALD, Judge:

Respondent determined a deficiency in the income tax of the petitioners for the calendar year 1962 in the amount of $3,549.06. Petitioners have conceded the inclusion of certain additional items of income. The sole remaining issue is whether petitioner husband suffered a capital loss or ordinary loss from his failure to recover his capital account upon the dissolution of a partnership during the taxable year.

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