Thomas Louis Mitchell - Page 13

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          Sec. 1001(a)-(c); Helvering v. Hammel, 311 U.S. 504 (1941).                 
          Petitioner argues that the IRS regulations and publications state           
          that the sale or exchange of an interest in oil or gas produces             
          ordinary, not capital, gain or loss.  However, the interests                
          foreclosed herein were not interests in oil or gas, but                     
          partnership interests.  Petitioner has presented no evidence of             
          unrealized receivables or inventory held by the partnerships, and           
          thus the losses in issue in this case are capital losses.                   
               To reflect the foregoing,                                              


                                             Decision will be entered                 
                                           under Rule 155.                            


























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