WEBB v. COMMISSIONER OF INTERNAL REVENUE

No. 70.

67 F.2d 859 (1933)

WEBB v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 11, 1933.


Attorney(s) appearing for the Case

Seth B. Robinson, of New York City, for petitioner.

Helen R. Carloss, Sp. Asst. to Atty. Gen., for respondent.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

For the year 1925 the petitioner and his wife filed a joint return on the basis of cash receipts and disbursements. As income of the wife, the Commissioner included profit resulting from transactions during the year in stocks carried in a margin account in her name with a brokerage firm, although no money was actually paid to her from the account in 1925. The Board ruled that such profit was properly included. The correctness of this ruling is...

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