Vance Orpheus Bright, Jr. and Mary Frances Bright - Page 9




                                        - 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.                          

























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