MEMORANDUM OPINION
MAROVITZ, District Judge.
This is a suit for a refund of income taxes. The facts pertinent to the disposition of this case are as follows:
In May of 1962 plaintiff, Eugene L. Rose entered into a contract wherein he agreed to sell his stock in Gene Rose Co., Inc. to M. S. L. Industries, Inc. (MSL) for a certain sum in cash, a specific number of shares of MSL common stock, for additional consideration contingent upon the earnings...
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