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SCHUETTE v. ANDERSON

No. 123.

55 F.2d 902 (1932)

SCHUETTE v. ANDERSON, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

February 1, 1932.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty. of New York City, of counsel), for appellant.

Gerald Donovan and Sullivan & Donovan, all of New York City (Cornelius J. Sullivan and Raymond D. Thurber, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an action by the plaintiff to recover a part of her income taxes paid for the year 1924. She claims that she should have been allowed as a deduction a loss arising from the sale in 1923 of a plot of over four hundred acres of land in Long Island, New York, because it fell within section 204 (a) of the Revenue Act of 1921 (42 Stat. 231). This section permits the deduction of losses in a previous year resulting "from the operation of...

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