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  5. 407 F.2d 1121 (1969)
 

ROAD MATERIALS, INC. v. C. I. R.

Nos. 12500, 12501.

407 F.2d 1121 (1969)

ROAD MATERIALS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. ROAD MATERIALS, INC., Respondent.

United States Court of Appeals Fourth Circuit.

Decided March 5, 1969.

As Modified May 5, 1969.

Attorney(s) appearing for the Case

Richard L. Hirshberg, Washington, D. C. (LeRoy Katz, and Katz, Katz & Kantor, Washington, D. C., on brief) for Road Materials, Inc.

Stanley L. Ruby, Atty., Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and Elmer J. Kelsey, Attys., Dept. of Justice, on brief) for Commissioner of Internal Revenue.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The Tax Court held that advances made by the taxpayer, Road Materials, Inc., to Savage Construction Company were not deductible as bad debts, but instead were contributions to capital.1 Upon the taxpayer's petition for review, we find no error in the Tax Court's decision, but we remand the case to determine whether the loss from the capital contributions can be offset against ordinary income under Int.Rev.Code of...

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