MEMORANDUM OPINION
WINNER, District Judge.
Jurisdiction of this tax refund suit is admitted, and the parties have settled all except three of their disputes. The unsettled issues are:
1. Whether money paid in connection with an assignment and reassignment of certain mining claims should be taxed as capital gain realized from a sale or as ordinary income resulting from a payment made for an unexercised option. [The parties refer to this transaction...
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