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TSIVOGLOU v. UNITED STATES

No. 2320.

31 F.2d 706 (1929)

TSIVOGLOU v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

April 1, 1929.

Attorney(s) appearing for the Case

Robert H. Holt, of Boston, Mass. (Robert H. Hopkins and Gaston, Snow, Saltonstall & Hunt, all of Boston, Mass., on the brief), for appellant.

J. Duke Smith, Sp. Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for the United States.

Before BINGHAM and JOHNSON, Circuit Judges, and MORRIS, District Judge.

MORRIS, District Judge.

This is a petition for the recovery of taxes amounting to $44,042.75, claimed to have been illegally collected from the petitioner with respect to his income for the year 1919. In the District Court judgment went against the petitioner. The only question is whether upon the facts the petitioner was entitled under the Revenue Act of 1918 (40 Stat. 1057) to deduct from his income for the year 1919 the sum of $149,700 as a loss which would have...

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