FRED M. TAYLOR, District Judge.
This is an action for refund of income taxes in the amount of $53,461.89, plus interest, allegedly overpaid by the taxpayer for 1952.
Plaintiffs, as husband and wife, filed joint income tax returns for the years in question and any reference to "taxpayer" or "Mattison" is intended to refer only to plaintiff, Frank N. Mattison.
The controversy is in regard to the method of taxing the gain which Mattison received as a...
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