Dillon v. Commissioner of Internal Revenue

THOMAS, Circuit Judge.

This case comes to this court on the •petition of a taxpayer to review a decision of the Tax Court of the United States. The questions presented are (1) whether the gain realized from the sale ’of 20 housing units by petitioner during the calendar year 1946 was taxable as a capital gain under § 117(a) and (j) of the-Internal Revenue Code, 26 U.S.C.A., or as ordinary income under § 22(a); and (2) is the decision of the Tax Court in error in failing to allow the petitioner credit for a portion of the tax paid subsequent to the issuance of a notice of deficiency ?

Jurisdictio…