United States Tax Court September 30, 1968, Docket No. 3133-67 (Gadlow v. Commissioner)

lead-opinion

OPINION

Tietjens, Judge:

The Commissioner determined a deficiency in income tax of David B. Gadlow (hereinafter sometimes referred to as Gadlow) for the taxable year 1963 in the amount of $12,069.44. The only issue for our determination is how section 1305,1 I.R.C. 1954,2 applies to Gadlow’s damage award in computing the limitation of income tax under this section.