- 8 - United States, 110 F.2d 887 (1st Cir. 1940). While their goal was to receive income from the sale, as we held in Gunn v. Commissioner, 49 T.C. 38, 56 (1967): the word “income” in section 212(1) “is not to be given a wholly literal reading. If a taxpayer sells * * * capital assets, section 212(1) does not permit him to deduct expenses of sale even though the sale produces a gain which constitutes ‘gross income’,” See Spangler v. Commissioner, 323 F.2d 913, 921 (C.A. 9, 1963), where the court noted that “Costs connected with the disposition of a capital asset are also capital expenditures to be added to the taxpayer’s basis, or offset against the sales price, rather than expenses deductible from ordinary income.” * * * Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
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