The Commissioner determined a deficiency of $9,218.91 in income tax of the decedent for 1952. The only issue for decision is whether the Commissioner erred in taxing the cash proceeds from an insurance contract as ordinary income instead of as long-term capital gain.
FINDINGS OF FACT.
Edward I. Rieben filed his return for 1952 with the director of internal revenue for the Upper Manhattan district of New York. Edward died on December 3, 1957.
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