The respondent determined a deficiency of $5,759.48 in the petitioners' income tax for 1948. The only issue for determination is whether an amount of $32,948.28 received by Mary Davis during 1948 and which represented the total proceeds of the interest of Harold S. Davis, deceased, in an employees' trust is to be considered as gain from the sale or exchange of a capital asset held for more than 6 months.
FINDINGS OF FACT.
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