United States Board of Tax Appeals March 4, 1936, Docket No. 73848. (Trost v. Commissioner)

lead-opinion

*27OPINION.

Seawedl :

Whether petitioner is taxable on the net gain received by him in the sale of the Vacuum Oil Co. stock and/or the Liberty Bank stock, at the “ordinary rate” or at the “capital net gain rate” under the existing facts and admissions, depends upon the proper definition of “capital assets” as contained in section 101 of the Revenue Act of 1928.