Averill v. Commissioner of Internal Revenue

McLELLAN, District Judge.

This petition to review a decision of the Board of Tax Appeals presents the question whether the gain realized by the petitioner when bonds owned by her were paid at maturity in 1931 should be taxed as ordinary income. The Board decided that such gain should be taxed as ordinary income; the petitioner urges that it should be taxed as capital gain at the maximum rate of 12% per cent. The Board erred and the petitioner should prevail:

1. If a transaction in 1927 in which she parted with some stock and received cash and bonds was a sale for a price payable by installments…