Estate of Louis Kamm, Deceased, and Emily E. Kamm, Surviving Wife, Also Known as Edythe Emily Kamm v. Commissioner of Internal Revenue

HASTIE, Circuit Judge.

The appellants, Estate of Louis Kamm and Kamm’s widow, Emily, are here seeking a review of a Tax Court decision which sustained the Commissioner’s finding of a deficiency in the Kamms’ 1949 joint income tax return. The matter in controversy is $143,258.82 of unreported income, the source of a claimed tax deficiency of $34,827.22.

This income resulted from a sale of the stock of a real estate company, and the principal question is whether thé taxpayers realized income from this transaction in 1949 or in 1950. The Kamms filed their returns on a cash and calendar year basis.

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