JONES, Chief Judge.
This case presents the question whether royalty payments received by the taxpayer as the result of a sale of a patent by him to a corporation of which 100 percent of the stock was owned by him, his wife, and his minor children, are entitled to capital gains treatment under section 117 of the Internal Revenue Code of 1939, 26 U.S.C.A. § 117 or section 1239 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 1239.
The plaintiff...
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