United States Tax Court December 19, 1974, Docket No. 7942-73 (Estate of Stefanowski v. Commissioner)

lead-opinion

Tannenwald, Judge:

Respondent determined a deficiency of $1,739.90 in petitioners’ Federal income tax for 1971. The issues for decision are (1) whether the lump-sum distribution which petitioner June Stefanowski received from an employees’ profit-sharing trust qualifies for capital gains treatment under section 402(a) (2)1 and (2) whether any amount of such distribution is excludable