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HELVERING v. STRAUS

No. 6066.

74 F.2d 470 (1934)

HELVERING, Com'r of Internal Revenue, v. STRAUS.

United States Court of Appeals for the District of Columbia.

Decided November 12, 1934.

Attorney(s) appearing for the Case

Sewall Key, E. B. Prettyman, S. S. Faulkner, Francis H. Horan, and J. P. Jackson, all of Washington, D. C., for petitioner.

Frederick Schwertner, of Washington, D. C., for respondent.

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

PER CURIAM.

In 1929 taxpayer had a net income of over $800,000. More than $750,000 of this was gain from the sale of capital assets, upon which the taxpayer elected to pay at the rate of 12½ per cent., pursuant to 101 (a) of the 1928 Revenue Act (26 USCA § 2101 (a). During the year the taxpayer had made charitable contributions in the amount of $144,695.04. In his return he deducted the amount of $117,667.90, upon the claim that in determining the amount...

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