FAY, Judge:
Respondent determined a deficiency in petitioners' Federal income tax for the taxable year 1958 in the amount of $2,739.88.
The sole issues for decision are (1) whether royalty income received by Martin F. Emory is ordinary income or long-term capital gain pursuant to section 1235 of the Internal Revenue Code of 1954; or, (2) whether, alternatively, the royalty received by Emory is long-term capital gain pursuant to section 1231 of the Internal...
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