dissenting: I dissent on the first point. It seems to me this record establishes the fact that the petitioner, during the taxable year, was in the business of owning and operating real estate; that as an ordinary and necessary expense of that business, he paid, during that year, the disputed $400, and, accordingly, is entitled to its deduction under the Revenue Act of 1932, section 23 (a).
Sternhagen and Arundell agree with this dissent.