CORNWALL v. COMMISSIONER

Docket No. 5147-65.

48 T.C. 736 (1967)

HARRY F. CORNWALL AND BESS COVER CORNWALL, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed August 22, 1967.


Attorney(s) appearing for the Case

David Sachs, for the petitioners.

Paul H. Frankel, for the respondent.


SCOTT, Judge:

Respondent determined a deficiency in petitioners' income tax for the calendar year 1961 in the amount of $71,752.08. The issue for decision is whether the amount of a cash distribution made to one of petitioners by an association which is taxable as a corporation constituted ordinary income or long-term capital gain.

FINDINGS OF FACT

Some of the facts have been stipulated and are found accordingly.

Petitioners, husband...

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