Memorandum Findings of Fact and Opinion
FAY, Judge:
Respondent determined a deficiency in petitioner's Federal income tax for 1967 in the amount of $4,291.03. The sole issue for determination is whether the lump-sum distribution received by petitioner in 1967 pursuant to the termination of Ferber Pen Corporation's (Ferber) profit-sharing plan was on account of petitioner's separation from Ferber's service. If so, petitioner is entitled to capital gains treatment...
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