WESTMORELAND SPECIALTY CO. v. BURNET

No. 5345.

57 F.2d 615 (1932)

WESTMORELAND SPECIALTY CO. v. BURNET, Commissioner of Internal Revenue.

Court of Appeals of the District of Columbia.

March 14, 1932.


Attorney(s) appearing for the Case

Geo. E. H. Goodner, of Washington, D. C., for appellant.

G. A. Youngquist, Asst. Atty. Gen., and Sewall Key, Wm. Cutler Thompson, C. M. Charest, and Stanley Suydam, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, and GRONER, Associate Justices.


GRONER, Associate Justice.

This is a tax case and involves the question whether petitioner is entitled to deduct from gross income for the calendar year 1921 the sum of $30,800, representing the par value of 308 shares of its capital stock, which were issued to its president in January, 1922, in accordance with an agreement claimed to have been made June, 1921.

The appropriate statute is 234 (a) of Revenue Act 1921 (c. 136, 42 Stat. 227, 254). The statute...

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