Long v. COMMISSIONER OF INTERNAL REVENUE

LEE, Circuit Judge.

Petition and cross petition for review of a decision of the Tax Court of the United States bring this case before us. That Court decided that there were deficiencies in income tax paid by L. F. Long for the calendar years 1940 and 1941 in the amounts of, $13,333.35 and $4,345.40, respectively. The Commissioner of Internal Revenue assails that portion of the Tax Court’s findings of fact and opinion which held the gain made by taxpayer Long at the time of his withdrawal from a partnership was a capital gain rather than partly capital gain and partly regular income. Long, on…