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ANSORGE v. COMMISSIONER

Docket No. 109911.

1 T.C. 1160 (1943)

MARTIN CHARLES ANSORGE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated May 26, 1943.

Attorney(s) appearing for the Case

Alex M. Hamburg, Esq., for the petitioner.

Henry C. Clark, Esq., for the respondent.

OPINION.

DISNEY, Judge:

In this proceeding the petitioner prays for redetermination of a deficiency in income tax, determined in the amount of $44,082.14 for the calendar year 1937. The issue presented is whether the petitioner is taxable upon the entire amount of an attorney's fee received by him, or whether he may report only a percentage thereof as capital gain under section 117 of the Revenue Act...

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