Court of Appeals for the Fourth Circuit April 18, 1973, 72-2477, 72-2478 (Dohn B. Broadwell and Charlotte L. Broadwell v. United States of America, Waverly C. Broadwell and Nancy W. Broadwell v. United States)

PER CURIAM:

These are actions for refund of federal income taxes. The basic question presented is the perennially thorny issue of whether the profit from the sale of an option on land is properly treated as capital gain or ordinary income.

The plaintiffs, Dohn and Waverly Broadwell, and their respective spouses opted for a jury trial.