Court of Appeals for the Second Circuit July 5, 1933, 286 (Duram Bldg. Corporation v. Commissioner of Internal Rev.)

SWAN, Circuit Judge.

In February, 1926, the petitioner, Duram Building Corporation, sold two parcels of real estate at a profit over their cost. The issue presented by this appeal is whether it was entitled to return this profit for taxation upon the installment basis, pursuant to section 212 (d) of the Revenue Aet of 1926 (26 USCA § 953 (d).