Court of Appeals for the Tenth Circuit October 11, 1956, 5359_1 (Cicero I. Murray and Olive B. Murray v. Commissioner of Internal Revenue)

HUXMAN, Circuit Judge.

The sole question in this ease is whether the gain realized from the sale of platted lots by petitioners during the taxable years of 1948 and 1949 constituted capital gain under Section 117(a) of the Internal Revenue Code of 1939, as amended, 26 U.S.C.A. § 117(a), or ordinary income under the exception set out in that Section.