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WILSON v. ANDERSON

No. 319.

60 F.2d 52 (1932)

WILSON et al. v. ANDERSON, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

July 11, 1932.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Root, Clark & Buckner, of New York City (George E. Cleary and Clark T. Brown, both of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The question before us is whether the plaintiffs' testator, Richard T. Wilson, Jr., was entitled to claim a deduction in his personal income tax return for 1922 by reason of a sale made in that year at a loss by the executors of the will of his father, Richard T. Wilson, Sr. The sale was of real estate, in which the son had an undivided fifth interest. The Commissioner of Internal Revenue disallowed the loss which Wilson had claimed...

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