Respondent has determined a deficiency of $20,944.24 in income and victory tax of petitioner for the calendar year 1943.
The only issue for our determination is whether $36,164.15, the net amount recovered as a judgment award (including costs, less legal expenses), is taxable to petitioner in 1943 as ordinary income or capital gain.
Petitioner concedes on brief that interest recovered on the judgment is taxable in full and that the respondent properly determined...
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