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MYERS v. UNITED STATES

No. K-308.

51 F.2d 145 (1931)

MYERS v. UNITED STATES.

Court of Claims.

June 1, 1931.

Attorney(s) appearing for the Case

McLaughlin, Knollenberg & Leisure, of New York City (Bernhard Knollenberg, of New York City, on the brief), for plaintiff.

Charles B. Rugg, Asst. Atty. Gen. (Charles R. Pollard and William T. Sabine, Jr., both of Washington, D. C., on the brief), for defendant.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

WHALEY, Judge.

The facts as found in this case are not disputed. In the case of Elmhirst, Executrix, v. United States, 38 F.2d 915, 69 Ct. Cl. 295, the court in construing section 202 (a) of the Revenue Act of 1918, 40 Stat. 1057, 1060, held the gain or loss arising from the sale of securities by an executor is, for income tax purposes, to be computed on the basis of their cost to decedent...

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