FIRST NAT. BANK OF SHARON, PA. v. HEINER

No. 5101.

66 F.2d 925 (1933)

FIRST NAT. BANK OF SHARON, PA., v. HEINER, Collector of Internal Revenue.

Circuit Court of Appeals, Third Circuit.

August 24, 1933.


Attorney(s) appearing for the Case

Chauncey E. Brockway, of Sharon, Pa., for appellant.

Louis E. Graham, U. S. Atty., and John A. McCann, Sp. Asst. U. S. Atty., both of Pittsburgh, Pa. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Ralph E. Updike, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

The underlying question in this income tax case is whether the item here involved was, under the provisions of the Revenue Act of 1928 (26 USCA § 2001 et seq.), a loss. The court below (2 F.Supp. 960, 961) held it was a loss which was not deductible because not "sustained during the taxable year" of 1928. Thereupon the taxpayer took this appeal.

The item in question came into being under...

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