SANITARY CO. OF AMERICA v. COMMISSIONER OF INTERNAL REVENUE

Nos. 4012, 4013.

34 F.2d 439 (1929)

SANITARY CO. OF AMERICA v. COMMISSIONER OF INTERNAL REVENUE (two cases).

Circuit Court of Appeals, Third Circuit.

August 22, 1929.


Attorney(s) appearing for the Case

S. Leo Ruslander, of Pittsburgh, Pa. (George R. Beneman, of Washington, D. C., and George K. Warn, of Pittsburgh, Pa., of counsel), for petitioner.

Mabel Walker Willebrandt, Asst. Atty. Gen., Sewall Key and Randolph C. Shaw, Sp. Asst. Attys. Gen., and C. M. Charest, Gen. Counsel, and Stanley Suydam, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

The first question involved in this case is whether the taxpayer corporation was entitled to a deduction in income by virtue of the Revenue Act of 1918, which authorizes such deduction for "losses sustained during the taxable year and not compensated for by insurance or otherwise." 40 Stat. 1067, § 214(a) (5). The entire proofs pertaining thereto were given by the witnesses called by the taxpayer. No contradiction of facts is involved...

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