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EWING THOMAS CONVERTING CO. v. McCAUGHN

No. 4154.

43 F.2d 503 (1930)

EWING THOMAS CONVERTING CO. v. McCAUGHN, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

September 11, 1930.

Attorney(s) appearing for the Case

James L. Rankin, J. DeHaven Ledward, and Geary & Rankin, all of Chester, Pa., for appellant.

George W. Coles, U. S. Atty., and Mark Thatcher, Asst. U. S. Atty., both of Philadelphia, Pa., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Elden O. Hanson, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

The question raised in this case is whether or not the taxpayer is entitled to take a loss in his return for the year 1919, the year in which, it is alleged, the loss actually occurred, and in which the liability was susceptible of being fixed with reasonable certainty, or must he take the loss for the year 1920 when the contract was actually completed?

The Ewing Thomas Converting Company, appellant, during the years 1918 and 1919, was...

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