OPINION.
STERNHAGEN, Judge:
The Commissioner determined an income tax deficiency of $1,337.53 for 1937. He limited to $2,000 the deduction for losses sustained in the sale of capital assets, although the taxpayer's distributive share of gains of his partnership from the sale of capital assets was greater than $2,000. The facts are all contained in a stipulation.
The taxpayer, a resident of Ridgewood, New Jersey, filed his 1937 income tax return...
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