CLAYTON, District Judge.
This action was brought by plaintiffs, M. P. and Annie Louise F. Moore, husband and wife, to obtain the refund of income taxes paid by them under protest after the assessment of deficiencies against them for the years 1957 through 1960. In their joint returns for those years, plaintiffs reported the income derived from the sale of 235 Polled Hereford cattle as capital gains on the basis
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