The Commissioner determined a deficiency in income tax for the year 1943 in the amount of $14,638.24. The question involved is whether the gain realized by the taxpayer when he sold his interest in a Texas partnership was taxable as ordinary income or was a capital gain.
FINDINGS OF FACT.
Petitioner is a resident of San Antonio, Texas, and he filed his income tax return for 1942 with the collector of internal revenue for the first district of Texas.
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