District Court, S.D. Florida July 17, 1947, Civil Action 1148 J (Florida MacHine & Foundry Co. v. Fahs)

STRUM, District Judge.

The plaintiff-taxpayer sues to recover additional assessments levied against it by the Commissioner for the years 1941 and 1942, aggregating with interest $19,089.44, which were paid under protest. The determinative question is whether or not, for the purpose of determining gain or loss from a sale of land in 1941, under sec. 113 of the Internal Revenue Code, 26 U.S.C.