DAVIDSON, District Judge.
This is an action for the recovery of Federal income taxes in the amount of $28,158.80 paid by plaintiffs for the calendar year of 1951. There is only one issue in the case, and that is the issue of whether the gain on certain sales of May wheat futures contracts made by plaintiffs during the year of 1951 are entitled to long term capital gain treatment. The solution of this question must depend on the interpretation of a statute having an...
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