The Commissioner determined a deficiency in petitioner's income tax for the calendar year 1940 in the amount of $231.49. The single issue presented is whether an amount received by petitioner in that year, in partial payment of a judgment which had been secured by reason of nonpayment of certain promissory notes, constituted ordinary income or capital gain under the provisions of section 117 (a) (4) and section 117 (f) of the Internal Revenue Code. All of the facts were stipulated...
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