OPINION.
ARUNDELL, Judge:
The respondent determined a deficiency in income tax for the taxable year ended December 31, 1948, in the amount of $10,963.74.
The only issue remaining is whether $31,000 received by petitioner Henry J. Tully, in 1948, was ordinary income as determined by respondent or capital gain as reported by petitioner.
Two other minor issues were raised but have been abandoned.
The facts relative to the remaining...
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