Court of Appeals for the Eighth Circuit January 21, 1972, 71-1134 (Paul T. Vaaler, Individually, and as Special Administrator of the Estate of Thelma T. Vaaler, Deceased v. United States)

ELMO B. HUNTER, District Judge.

Presented on this appeal is the single question of whether $13,861.20 received by taxpayer-appellant, Paul T. Vaaler,

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from Sunshine Mutual Insurance Company upon termination of his general agency contract was gain received from the sale of a capital asset or ordinary income. The District Court held it was a capital asset sale, and entered judgment accordingly.